Tricorbraun Anz Pty Ltd Summary

[2024] FWCA 3185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tricorbraun Anz Pty Ltd

(AG2024/2754)

TRICORBRAUN ANZ PTY LTD, CONDELL PARK SITE ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 SEPTEMBER 2024

Application for approval of the TricorBraun ANZ Pty Ltd, Condell Park Site Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the TricorBraun ANZ Pty Ltd, Condell Park Site Enterprise Agreement 2024 - 2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Manufacturing and Associated Industries and Occupations Award is taken to be a term of the Agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the TricorBraun ANZ Pty Ltd, Condell Park Site Enterprise Agreement 2024-2027. The applicant, TricorBraun ANZ Pty Ltd, sought the approval of the Fair Work Commission (FWC) for the proposed enterprise agreement, which aimed to set the terms and conditions of employment for its employees at the Condell Park site over the next three years. The dispute centred around the content and fairness of the proposed agreement, particularly in light of the parties' bargaining positions and the statutory obligations under the Fair Work Act 2009 (Cth).

The primary legal issues before the FWC were whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This included assessing whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and whether it met the "better off overall test" which required that employees would be no worse off financially under the new agreement than they would have been under the previous agreement. Additionally, the FWC had to consider whether the agreement was consistent with the principles of enterprise bargaining and whether it adequately addressed the needs and interests of the employees.

The FWC found that the proposed enterprise agreement was genuinely negotiated and met the procedural requirements set out in the Fair Work Act. The FWC was satisfied that the terms and conditions of the agreement were fair and reasonable, taking into account the bargaining positions of the parties and the broader economic context. Furthermore, the FWC determined that the agreement met the better off overall test and would provide employees with improved conditions, including salary increases and enhanced leave entitlements. The FWC also noted that the agreement included provisions for dispute resolution and reflected the parties' commitment to maintaining a constructive industrial relations environment.

The FWC approved the TricorBraun ANZ Pty Ltd, Condell Park Site Enterprise Agreement 2024-2027, finding that it complied with the statutory requirements and was in the best interests of the employees. The approved agreement will now govern the terms and conditions of employment for the employees at the Condell Park site for the next three years, providing a framework for fair and productive industrial relations.

Tricorbraun Anz Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established