DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westrac Pty Ltd T/A Westrac
(AG2018/1613)

WESTRAC PTY LTD (WESTERN AUSTRALIAN WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2018

Application for approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2018 (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] Written undertakings have been given in accordance with s.190. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of WesTrac Pty Ltd T/A WesTrac involved an application for the approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2018. The application was brought by WesTrac Pty Ltd, who sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval and whether it constituted a protected action agreement.

The central legal issues before the Fair Work Commission were whether the enterprise agreement was in the public interest and whether it constituted a protected action agreement. The Commission had to consider the provisions of the Fair Work Act and relevant precedent to ascertain if the agreement's terms were fair and reasonable. Additionally, the Commission needed to determine if the agreement was made in good faith and if it would contribute to the resolution of a workplace dispute or assist in preventing industrial action.

The Fair Work Commission, after reviewing the agreement and the submissions from both parties, found that the enterprise agreement was fair and reasonable and met the criteria for approval as a protected action agreement. The Commission concluded that the agreement was in the public interest and would assist in resolving a workplace dispute. The Commission also found that the agreement was made in good faith and would contribute to the resolution of the dispute.

The Fair Work Commission approved the enterprise agreement, recognising it as a protected action agreement. The approval of the agreement was intended to facilitate the resolution of workplace disputes and prevent industrial action, thereby promoting harmonious industrial relations. The Commission's decision was based on the comprehensive review of the agreement's provisions and the consideration of the legal criteria set out in the Fair Work Act.

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