Application for approval of the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2024

[1] Westrac Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the WesTrac Pty Ltd (NSW and ACT Warehouse) Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[3] I observe that clauses 36(c) and 37.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers' Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AWU.

[5] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 1 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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