DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WesTrac Pty Ltd T/A WesTrac
(AG2017/1456)

WESTRAC PTY LTD (NSW AND ACT WAREHOUSE) ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 5 JUNE 2017

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

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

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WesTrac Pty Ltd, trading as WesTrac, applied to the Fair Work Commission for approval of the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2017. The application was opposed by the Transport Workers Union of Australia, who argued that the agreement was unfair and did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees covered by it.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it contained provisions that were contrary to the public interest, and whether it met the procedural requirements for approval. The Commission also considered whether the agreement provided for appropriate minimum terms and whether it was in the interests of the employees covered by it. The Transport Workers Union of Australia argued that the agreement was unfair and did not provide for appropriate minimum terms, and that certain provisions were contrary to the public interest.

After hearing submissions from both parties, the Fair Work Commission found that the agreement was a genuine enterprise agreement and met the procedural requirements for approval. The Commission held that the agreement did not contain provisions that were contrary to the public interest and that it provided for appropriate minimum terms. The Commission also found that the agreement was in the interests of the employees covered by it. The application for approval was therefore granted, and the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2017 was approved.

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