WESTRAC PTY LTD (WESTERN AUSTRALIAN WAREHOUSE OPERATIONS) ENTERPRISE AGREEMENT 2025

Application for approval of the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2025.

[1] WesTrac Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the WesTrac Pty Ltd (Western Australian Warehouse Operations) Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 48.4 states that notification requirements will be outlined in 'WesTrac policy' and that employees must comply with this policy. It may be that the policy undermines the notification requirements of the NES. Without viewing this policy, it is difficult to understand whether it is compliant with s 107 of the Act.

• (b) Clause 49 provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies; however, it appears to be silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s 104(1)(b) and (c) of the Act.

• (c) Clause 20.11 contains a list of circumstances which may result in instant dismissal without notice from the employer. Some examples contained in this list do not explicitly appear within the definition of serious misconduct in Reg 1.07 of the Fair Work Regulations 2009 and so this clause may be more restrictive, employees may otherwise be eligible for notice under s 117.

[6] However, I am satisfied that under clause 7.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 6 August 2025 and, in accordance with s 54, will operate from 13 August 2025. The nominal expiry date of the Agreement is 13 August 2028.

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