DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trident Industrial Pty Ltd T/A Trident Trades & Labour Hire
(AG2016/21)

TRIDENT INDUSTRIAL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 MARCH 2016

Application for approval of the Trident Industrial Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Trident Industrial Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trident Industrial Pty Ltd T/A Trident Trades & Labour Hire. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 23 March 2016 and, in accordance with s.54, will operate from 30 March 2016. The nominal expiry date of the Agreement is 30 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trident Industrial Pty Ltd, trading as Trident Trades & Labour Hire, sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers under the agreement. The Fair Work Commission, led by Commissioner Bennett, presided over the matter.

The primary legal issue before the court was whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. This included ensuring the agreement provided for the proper operation of businesses, maintaining fair work conditions, and meeting the procedural requirements set by the Act. The court also needed to consider if the agreement was fair and balanced in terms of the rights and obligations of both employers and employees.

The court examined the provisions of the agreement and found that it adhered to the statutory requirements, promoting the proper operation of businesses and maintaining fair work conditions. It was also determined that the agreement had been negotiated in good faith and met all procedural requirements. The court found that the agreement was fair and balanced, taking into account the interests of both employers and employees. Consequently, the court approved the Trident Industrial Pty Ltd Enterprise Agreement 2015.

The Fair Work Commission approved the enterprise agreement, allowing it to take effect from the date of the decision. The approval was contingent on compliance with the terms and conditions outlined in the agreement and the continued adherence to the Fair Work Act 2009.

Trident Industrial Pty Ltd T/A Trident Trades & Labour Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established