Trevi Australia Pty Ltd T/A Trevi Australia Pty Ltd Summary

[2022] FWCA 2105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trevi Australia Pty Ltd T/A Trevi Australia Pty Ltd

(AG2022/1937)

Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2022

Application for approval of the Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trevi Australia Pty Ltd T/A Trevi Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement, specifically the Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. Trevi Australia Pty Ltd, trading as Trevi Australia Pty Ltd, sought the Commission's approval of the agreement, which was to be applied to their employees who are members of the CFMEU (Victorian Construction and General Division). The dispute centred around the terms and conditions of employment as stipulated in the proposed agreement.

The central legal issues that the Commission was required to decide upon were whether the proposed agreement complied with the Fair Work Act 2009, particularly sections regarding the procedural fairness in the bargaining process and the substantive fairness of the terms. Additionally, the Commission had to assess whether the agreement met the requirements for being a "better off overall" test, ensuring that employees were not worse off financially due to the agreement.

In deliberating on these issues, the Commission examined the process by which the agreement was negotiated and whether it adhered to the procedural requirements set forth in the Fair Work Act. The Commission considered whether the agreement was made in good faith, involved genuine bargaining, and provided for a fair and efficient workplace. Furthermore, the Commission evaluated the terms of the agreement to ensure they provided adequate protections and benefits to the employees, without imposing undue hardship on the employer. After careful consideration, the Commission found that the agreement met all the necessary criteria for approval.

The Fair Work Commission approved the Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023, determining that it was fairly negotiated and provided for a fair and efficient workplace. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act, including the "better off overall" test. Consequently, the agreement was approved and will be applicable to the employees covered by it.

Trevi Australia Pty Ltd T/A Trevi Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established