[2017] FWCA 6237
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185--Enterprise agreement
Tri-Part Pty Ltd

(AG2017/3767)

TRI-PART PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Tri-Part Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tri-Part Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tri-Part Pty Ltd. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2017. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tri-Part Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement dated 2017. The agreement was between the company and its employees, and the application was made under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements and if it provided fair terms and conditions for the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval, including examining if the agreement was genuinely negotiated, and if it provided for the fair remuneration and conditions of employment for the employees.

The legal issues before the Fair Work Commission were whether the agreement was genuinely negotiated and if it contained the minimum terms and conditions as prescribed by the Fair Work Act 2009. The Commission had to assess if the agreement covered all the essential matters as outlined in the Act and if it provided for the fair remuneration and conditions of employment for the employees. Furthermore, the Commission had to ensure that the agreement did not discriminate against any particular group of employees or contravene any other provisions of the Act.

The Fair Work Commission found that the agreement was genuinely negotiated and contained the minimum terms and conditions as required by the Fair Work Act 2009. The Commission determined that the agreement covered all the essential matters as outlined in the Act and provided for fair remuneration and conditions of employment for the employees. The Commission also found that the agreement did not discriminate against any particular group of employees and did not contravene any other provisions of the Act. As a result, the Fair Work Commission approved the Enterprise Agreement dated 2017 between Tri-Part Pty Ltd and its employees.

Tri-Part 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