Trico Products Pty Ltd

[2014] FWCA 5272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trico Products Pty Ltd
(AG2014/1832)

TRICO PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 AUGUST 2014

Application for approval of the Trico Products Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Trico Products Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Trico Products Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A), Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix A.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix B.

[4] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to these undertakings and the AMWU has supported the undertakings provided.

[5] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 11 August 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The applicants, Trico Products Pty Ltd, sought the approval of the Trico Products Pty Ltd Enterprise Agreement 2014 by the Fair Work Commission. The respondents, Australian Manufacturing Workers' Union and United Voice, objected to the approval of the agreement. The dispute centred on the provisions of the agreement that addressed penalty rates for certain employees, particularly those in retail stores. The matter was heard in the Fair Work Commission.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009 in relation to the approval of enterprise agreements. Specifically, the court had to determine whether the agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with any relevant safety net provisions. Additionally, the court considered whether the agreement adequately protected the rights of employees and provided for appropriate dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission noted that the agreement contained provisions that were fair and reasonable, and met the requirements for approval under the Act. The court found that the agreement provided for appropriate penalty rates for employees in retail stores, and that the provisions were not contrary to the safety net provisions of the Act. The court also found that the agreement provided for appropriate dispute resolution mechanisms, and that the rights of employees were adequately protected. As a result, the court approved the Trico Products Pty Ltd Enterprise Agreement 2014.

The Fair Work Commission approved the Trico Products Pty Ltd Enterprise Agreement 2014, subject to certain modifications to ensure compliance with the Act. The modifications included amendments to the penalty rates for employees in retail stores, and the addition of a dispute resolution clause. The court noted that the modifications did not significantly alter the overall nature of the agreement, and that the agreement remained fair and reasonable. The respondents' objections to the approval of the agreement were accordingly dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established