DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trevena Sustainable Heating + Cooling Pty Ltd
(AG2019/154)

TREVENA SUSTAINABLE HEATING + COOLING PTY LTD AGREEMENT 2018

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 JUNE 2019

Application for approval of the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trevena Sustainable Heating + Cooling Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at page 33, clause 18.8. On 8 May 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement was approved on 6 June 2019 and, in accordance with s.54, will operate from 13 June 2019. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Trevena Sustainable Heating + Cooling Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2018. The applicant, Trevena Sustainable Heating + Cooling Pty Ltd, sought approval for this enterprise agreement under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the legal requirements for approval, including the provisions relating to employees' working conditions, pay rates, and other employment terms.

The legal issues the FWC was required to decide included whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements set forth in the Act. Additionally, the FWC needed to consider whether the agreement contained any provisions that contravened the provisions of the National Employment Standards or the safety net of minimum wages and conditions. The applicant argued that the agreement was fair and reasonable, was made in good faith, and complied with all legal requirements.

The FWC found that the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2018 met the legal requirements for approval. The Commission considered the evidence provided by both parties and determined that the agreement provided for fair and reasonable terms and conditions for the employees. The FWC found that the agreement was made in good faith and that it complied with all procedural requirements. The Commission also found that the agreement did not contravene the National Employment Standards or the safety net of minimum wages and conditions. As a result, the FWC approved the agreement, which will now apply to the employees covered by it.

The FWC approved the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2018, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by it, and the agreement will be registered on the Register of Approved Agreements. The applicant may now implement the agreement, and the employees covered by it will be bound by its terms and conditions.

Trevena Sustainable Heating + Cooling Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established