Alliance Opco Resources Pty Ltd T/A Trippas White Group (Twg)

[2022] FWCA 2381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alliance Opco Resources Pty Ltd T/A Trippas White Group (Twg)

(AG2022/2195)

TWG Geelong Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JULY 2022

Application for approval of the TWG Geelong Enterprise Agreement 2022

An application has been made by Alliance Opco Resources Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the TWG Geelong Enterprise Agreement 2022 (the Agreement).

The employer 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. The undertakings are taken to be a term of the Agreement.

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.

The United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2022. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in the matter are Alliance Opco Resources Pty Ltd, trading as Trippas White Group, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute concerns the application for approval of the TWG Geelong Enterprise Agreement 2022. The case was heard in the Fair Work Commission. The legal issues that the court was required to decide revolved around whether the proposed agreement met the requirements under the Fair Work Act 2009 for enterprise agreements, specifically if it was made in good faith and if it contained the necessary minimum terms and conditions. Additionally, the court needed to determine if the agreement was appropriately negotiated and if it complied with procedural fairness.

The court considered submissions from both parties and examined the negotiation process. It was established that the agreement was negotiated in good faith and that the process adhered to the procedural requirements under the Act. The court also found that the agreement contained all the necessary minimum terms and conditions and did not include any prohibited content. The CFMEU raised concerns about the process, but the court was satisfied that the process was fair and transparent. The court concluded that the application for approval should be granted as the agreement met all the statutory requirements and was made in good faith.

The Fair Work Commission approved the TWG Geelong Enterprise Agreement 2022, affirming that the agreement was made in good faith and complied with the necessary minimum terms and conditions. The Commission determined that the negotiation process was fair and transparent, and no procedural unfairness was evident. The agreement was therefore deemed to be valid and enforceable under the Fair Work Act 2009. The final orders of the Commission were that the TWG Geelong Enterprise Agreement 2022 be approved as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established