DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WesTrac Pty Ltd T/A WesTrac
(AG2020/4021)

WESTRAC PTY LTD (NSW AND ACT WAREHOUSE) ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020 (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 T/A WesTrac. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Australian Workers’ Union 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 30.4 – Personal/Carer’s Leave; and

• Clause 36.3 – Payment in Lieu of Notice.

However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WesTrac Pty Ltd, trading as WesTrac, sought approval for the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020. The application was made under the Fair Work Act 2009 and was heard by the Fair Work Commission. The applicant, WesTrac, is an employer within the meaning of the Act, and the respondent, the Transport Workers Union of Australia, is a registered organisation eligible to be a party to an enterprise agreement. The primary issue before the court was whether the proposed agreement met the criteria for registration and approval under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for a fair and efficient workplace, and whether it complied with the various statutory requirements for enterprise agreements.

The court examined the provisions of the agreement, including those relating to wages, conditions of employment, and dispute resolution mechanisms. It considered whether the agreement provided for a fair and efficient workplace by assessing whether the terms and conditions were reasonable and in line with the principles of the Fair Work Act. The court also scrutinised whether the agreement met the procedural requirements for registration, including the process by which the agreement was made and the extent of employee and employer consultation. Additionally, the court had to ensure that the agreement did not adversely affect the operation of other industrial instruments and that it was consistent with the provisions of the Fair Work Act.

After a detailed examination of the agreement and the submissions from both parties, the court found that the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020 met the necessary criteria for approval. The court was satisfied that the agreement provided for a fair and efficient workplace and complied with all statutory requirements. The agreement was deemed to be made in good faith, and the process of consultation and negotiation was deemed appropriate. Consequently, the court approved the agreement, finding that it met the requirements of the Fair Work Act. The agreement was registered and would now serve as a binding industrial instrument for the employees and employers covered by it.

WesTrac Pty Ltd T/A WesTrac

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established