TRILITY Pty Ltd

[2019] FWCA 180

[2019] FWCA 180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TRILITY Pty Ltd
(AG2018/4927)

TRILITY PTY LIMITED ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2019

Application for approval of the TRILITY Pty Limited - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TRILITY Pty Limited - Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by TRILITY Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 December 2018.

[3] On 13 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 December 2018. The undertaking deals with the following topics:

•  For the purpose of clause 26.1(c) of the Agreement, the definition of a shift worker is to be read as defining those employees for the purpose of s.87 of the Act.

•  Clause 17 of the Agreement is to be read as providing employees with at least one year, but less than two years, of continuous service, an entitlement to 4 weeks’ redundancy pay upon termination of their employment on the basis of redundancy.

•  For the purpose of clause 29 of the Agreement, which relates to family leave, the leave may be used in circumstances where an employee is required to provide care or support to a member of that employee’s immediate family or household who requires care or support because of an unexpected emergency affecting that member.

•  The annual salary for a Level 1 employee engaged under the Agreement will be $45,000.00.

•  The annual salary for a Level 3 employee engaged under the Agreement will be $59,000.00.

•  The annual salary for an Existing Process Controller engaged under the Agreement will be $78,631.00.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “The Australian Workers' Union (AWU)”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501313 PR703795>