DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trident Industrial Pty Ltd
(AG2015/1201)

TRIDENT INDUSTRIAL PTY LTD, BRENDALE ENTERPRISE AGREEMENT, 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	PERTH, 11 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as Trident Industrial Pty Ltd, Brendale Enterprise Agreement, 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Trident Industrial Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] In addition, the Applicant has sought to correct a typographical error in the Agreement. The correction requires the address identified in clause 2 to be changed to 21 Belconnen Street and also in clause 3 (ii) to 21 Belconnen Street. I am satisfied that the Agreement contains a typographical error and that it should be corrected pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 June 2015. The nominal expiry date of the Agreement is 18 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the application was made by Trident Industrial Pty Ltd, an employer, for the approval of the Trident Industrial Pty Ltd, Brendale Enterprise Agreement, 2015. The application was contested by a union representing the employees. The dispute centred on the validity and enforceability of certain provisions within the enterprise agreement, specifically those pertaining to the terms and conditions of employment, including the resolution of disputes and the payment of overtime.

The primary legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it had been genuinely bargained between the employer and the union. The court had to determine if the agreement was procedurally sound, with adequate consultation and negotiation processes undertaken, and whether it met the criteria for approval under the legislation.

The court examined the evidence provided and found that the enterprise agreement had indeed been the product of genuine bargaining, with the union's involvement in the negotiation process meeting the statutory requirements. The court also found that the terms of the agreement were consistent with the provisions of the Fair Work Act and did not contain any provisions that were contrary to public policy or industrial awards. Consequently, the court approved the enterprise agreement as being valid and enforceable.

The court ordered the approval of the Trident Industrial Pty Ltd, Brendale Enterprise Agreement, 2015, subject to the terms and conditions set out in the agreement. The union's application to contest the agreement was dismissed, and the employer was authorised to implement the terms of the agreement.

Trident Industrial 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