DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tricomposite Pty Ltd
(AG2019/1296)

TRICOMPOSITE PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 20 JUNE 2019

Application for approval of the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2019 (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 are relevant to this application for approval and have been met.

[3] 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.

[4] The National Union of Workers 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 is approved and, in accordance with s.54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tricomposite Pty Ltd, an employer, and the National Union of Workers, a union, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement proposed various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The application was heard by the Fair Work Commission, which had the authority to approve, reject, or seek further information on the proposed agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement met the formal and substantive requirements for approval under the Act. Specifically, the Commission had to determine whether the agreement contained all the mandated terms, whether it was free from prohibited content, and whether it was genuinely negotiated. The Commission also needed to consider whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement contained all the mandated terms and was free from prohibited content. It was also satisfied that the agreement was genuinely negotiated between the parties, with both sides demonstrating a willingness to compromise. The Commission further determined that the agreement was in the best interests of the employees and the employer, as it provided for fair and reasonable terms and conditions of employment. Based on these findings, the Commission approved the application for the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2019.

The Commission made an order approving the application for the proposed enterprise agreement. The order was effective from the date of the decision and was to be registered with the Registrar of the Fair Work Commission. The agreement was also to be published on the Commission's website for public access. The approval of the agreement provided certainty and stability to the employment relationship between the employer and the employees, and facilitated the resolution of any future disputes under the terms of the agreement.

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