DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WesTrac Pty Ltd
(AG2015/4807)

WESTRAC PTY LTD (WESTERN AUSTRALIA WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

WesTrac Pty Ltd recently sought approval of their enterprise agreement from the Fair Work Commission. The agreement, which was to be applied to their Western Australian warehouse operations, was being challenged by various parties including the Australian Manufacturing Workers' Union, the Transport Workers Union, and the Construction, Forestry, Maritime, Mining and Energy Union. The crux of the dispute lay in the terms and conditions outlined in the proposed agreement, which the unions argued were not sufficiently fair and reasonable.

The central legal issues that the Fair Work Commission had to address were whether the agreement was indeed fair and reasonable and if it complied with the necessary procedural requirements. The unions contended that the agreement failed to adequately protect employees' rights and conditions, particularly in the areas of pay rates, redundancy, and the handling of casual labour. They argued that these terms fell short of the standards set by the Fair Work Act 2009.

In reaching its decision, the Fair Work Commission considered the submissions from all parties involved. It examined the fairness of the terms proposed in the agreement, including wage rates and conditions, and weighed these against the protections offered by the Fair Work Act. The Commission determined that, while there were some shortcomings, the overall agreement was fair and reasonable, and it met the necessary procedural requirements. Consequently, the Commission approved the enterprise agreement, subject to certain modifications to address the unions' concerns about the handling of casual labour.

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