DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tricomposite Pty Ltd
(AG2021/4917)

TRICOMPOSITE PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 MAY 2021

Application for approval of the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tricomposite Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Workers 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.

[5] The Agreement was approved on 12 May 2021 and, in accordance with s.54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Tricomposite Pty Ltd, sought approval of the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2021 in the Fair Work Commission. The United Workers Union, representing the employees, opposed the application on the basis that the agreement did not adequately address certain employment terms and conditions. The central dispute revolved around the provisions concerning penalty rates, annual leave, and the definition of overtime, which the union argued were insufficiently favourable to the employees.

The Commission was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, it had to ascertain whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, maximum ordinary hours of work, and leave entitlements. Additionally, the Commission needed to evaluate if the agreement complied with the "better off overall test" (BOOT), which requires that employees be no worse off financially by being subject to the agreement than they would be under applicable awards or agreements.

After a thorough review of the arguments presented by both parties, the Commission found that the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2021 did meet the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions, including adequate provisions for penalty rates, annual leave, and overtime. Furthermore, the Commission concluded that employees would not be worse off financially under the agreement, thus satisfying the BOOT. Consequently, the Commission approved the enterprise agreement, noting that it represented a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2021, finding it met the statutory requirements and passed the better off overall test. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions and that employees would not be worse off financially.

Tricomposite 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