Trevena Sustainable Heating + Cooling Pty Ltd

Case [2016] FWCA 603


[2016] FWCA 603

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Trevena Sustainable Heating + Cooling Pty Ltd
(AG2016/101)

TREVENA SUSTAINABLE HEATING+ COOLING PTY LTD

AGREEMENT 2016

Plumbing industry

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 FEBRUARY 2016

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

2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2016 (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]        On the basis of the material contained in the application and accompanying statutory

declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant

to this application for approval have been met.
[2016] FWCA 603

[3]        The Agreement was approved on 1 February 2016 and, in accordance with s.54, will

operate from 8 February 2016. The nominal expiry date of the Agreement is 30 November

2018.

DEPUTY PRESIDENT

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Details
AGLC
Trevena Sustainable Heating + Cooling Pty Ltd [2016] FWCA 603
Case
[2016] FWCA 603
Decision Date

CaseChat Overview and Summary

In the matter of Trevena Sustainable Heating + Cooling Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement under section 185 of the Fair Work Act 2009. The application for approval was submitted by Trevena Sustainable Heating + Cooling Pty Ltd, seeking validation for the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2016. The agreement in question was a single enterprise agreement aimed at regulating terms and conditions of employment within the plumbing industry.

The central legal issues before the Fair Work Commission involved determining whether the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2016 complied with the statutory requirements set out in sections 186, 187, and 188 of the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement met the necessary criteria for approval, such as whether it was made in good faith, involved genuine bargaining, and adhered to the procedural requirements outlined in the Act. The Commission examined the material presented in the application and the accompanying statutory declaration to reach its decision.

Upon reviewing the application and supporting documents, Deputy President Gostencnik concluded that the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2016 fulfilled all relevant statutory requirements. Consequently, the agreement was approved on 1 February 2016, in accordance with section 54 of the Fair Work Act, and it came into effect on 8 February 2016. The nominal expiry date of the agreement is 30 November 2018, after which it will need to be renegotiated or extended.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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