Tricomposite Pty Ltd T/A Tricomposite Pty Ltd

[2024] FWCA 2981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tricomposite Pty Ltd T/A Tricomposite Pty Ltd

(AG2024/2539)

TRICOMPOSITE PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 AUGUST 2024

Application for approval of the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Tricomposite Pty Ltd T/A Tricomposite Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The title of the Agreement as provided in the Notice of Employee Representational Rights (NERR) (“Tricomposite PTY LTD Laverton North Enterprise Agrrement 2024”) is inconsistent with the title of the Agreement as made (“Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2024”). This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5) of the Act.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement does not contain a model consultation term compliant with the Act. 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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 August 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties involved in this matter were Tricomposite Pty Ltd, trading as Tricomposite Pty Ltd, and the United Workers Union. The dispute pertained to the application for approval of the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2024. The case was heard by the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for it to be approved. Specifically, the FWC had to assess whether the agreement was in the best interests of the employees, contained necessary minimum entitlements, and was fairly and reasonably negotiated.

The FWC approached the evaluation by examining the agreement's provisions, the bargaining process, and the interests of the employees. The FWC found that the agreement contained all required minimum entitlements and was fairly negotiated. The FWC also considered the views and interests of the employees, concluding that the agreement was in their best interests. The union had represented the employees adequately, and the terms of the agreement were not detrimental to the employees' overall welfare.

As a result, the FWC approved the application for the Tricomposite Pty Ltd & United Workers Union Enterprise Agreement 2024. The FWC's decision was based on the comprehensive analysis of the agreement's provisions, the fairness of the bargaining process, and the overall benefit to the employees. The FWC found no grounds to reject the agreement, thereby granting the application for approval.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established