DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WesTrac Pty Ltd T/A WesTrac
(AG2014/9619)

WESTRAC PTY LTD (NSW AND ACT PRODUCT SUPPORT) ENTERPRISE AGREEMENT 2014

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 5 DECEMBER 2014

Application for approval of the WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch and the “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, WesTrac Pty Ltd T/A WesTrac applied for the approval of the WesTrac Pty Ltd (NSW and ACT Product Support) Enterprise Agreement 2014. The application was brought by the Australian Manufacturing Workers Union, who opposed the agreement on behalf of their members. The dispute centred around the terms and conditions of employment for product support employees within the New South Wales and Australian Capital Territory regions, including aspects such as wages, working hours, leave entitlements, and other related matters.

The legal issues before the commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the commission needed to assess if the agreement met the minimum standards set by the Act, including minimum wages, penalty rates, and other entitlements. Additionally, the commission had to determine whether the agreement was made in good faith and if it provided for proper processes for resolving workplace disputes.

After considering the arguments and evidence presented by both parties, the commission found that the agreement largely complied with the statutory requirements. The commission noted that the agreement provided for minimum wage rates, penalty rates, and leave entitlements that met or exceeded the minimum standards. It also found that the agreement was made in good faith and contained adequate dispute resolution processes. Consequently, the commission approved the enterprise agreement, subject to certain minor amendments to ensure full compliance with the Fair Work Act.

The commission's decision was detailed in a written judgement, and the approved agreement was registered with the Fair Work Commission. The final orders included the registration of the enterprise agreement with the specified amendments, ensuring that it met all legal requirements and provided fair and reasonable terms for the employees covered by the agreement.

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