WesTrac Pty Ltd T/A WesTrac Pty Ltd

[2022] FWCA 4484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

WesTrac Pty Ltd T/A WesTrac Pty Ltd

(AG2022/4636)

WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2022

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

An application has been made for approval of a variation to the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020 (the Agreement). The application was made by WesTrac Pty Ltd T/A WesTrac Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
10 February 2021. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 20 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WesTrac Pty Ltd, trading as WesTrac Pty Ltd, sought a variation to the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020. The application was brought before the Fair Work Commission, where the primary concern was the modification of certain provisions in the agreement to accommodate changes in business operations and employee roles. The Fair Work Commission was tasked with assessing the application and determining whether the proposed changes were justifiable and in line with the objectives of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes were necessary to accommodate a significant change in circumstances, and whether the changes were reasonable in terms of their impact on employees. The Commission also needed to determine whether the application process complied with the relevant provisions of the Fair Work Act and the enterprise agreement itself. Furthermore, the Commission had to consider the implications of the changes on the employees' terms and conditions of employment, including any potential adverse effects.

In its decision, the Fair Work Commission found that the significant change in circumstances, driven by the evolving nature of WesTrac Pty Ltd's operations, warranted the proposed variations to the enterprise agreement. The Commission concluded that the changes were necessary and reasonable, as they were designed to enhance operational efficiency without compromising the employees' rights. The application process was deemed to have complied with all statutory requirements. The Commission also found that, while some employees may experience adverse effects, the overall changes were in the best interests of the business and the employees, given the long-term benefits they would bring.

The Fair Work Commission granted the application for variation of the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2020, with the specific changes detailed in the application. The new provisions came into effect on the date specified in the Commission's decision, ensuring that all parties were aware of and could adjust to the revised terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established