[2017] FWCA 2267

The attached document replaces the document previously issued with the above code on 26 April 2017.

The word ‘ENTERPRISE’ in the preamble was spelt incorrectly.

Member Assist for Deputy President Gostencnik

Dated 26 April 2017

[2017] FWCA 2267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WesTrac Pty Ltd
(AG2017/827)

WESTRAC PTY LTD (NSW AND ACT PRODUCT SUPPORT) ENTERPRISE AGREEMENT 2017

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 APRIL 2017

Application for approval of the WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WesTrac Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Unions and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 26 April 2017 and, in accordance with s.54, will operate from 3 Mary 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WesTrac Pty Ltd applied for the Fair Work Commission's approval of the WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union. The Fair Work Commission had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for a fair and efficient workplace, ensuring procedural fairness and good faith bargaining. The union argued that the agreement did not meet the procedural requirements for good faith bargaining, as it was made under duress and without proper consultation. Additionally, the union contended that the agreement's terms were not fair and reasonable, particularly regarding the reduction of paid leave entitlements.

The Fair Work Commission found that the agreement had been made under duress but also noted that the employer had not engaged in bad faith bargaining. The Commission considered the evidence of duress and the impact of the agreement's terms on the employees. Ultimately, the Commission concluded that the agreement was fair and reasonable and met the requirements for approval under the Fair Work Act 2009. The opposition was dismissed, and the agreement was approved.

The Fair Work Commission ordered the approval of the WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2017, effective from 1 April 2017. The agreement was to be registered with the Fair Work Commission and published on its website. The decision was made on 22 February 2018.

WesTrac Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established