DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trility Pty Ltd
(AG2015/2381)

TRILITY PTY LIMITED - ENTERPRISE AGREEMENT 2015

Water, sewerage and drainage services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 APRIL 2015

Application for approval of the TRILITY Pty Limited - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TRILITY Pty Limited - 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 Trility Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

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CaseChat Overview and Summary

Trility Pty Ltd, the employer, sought approval of the Enterprise Agreement 2015 from the Fair Work Commission. The agreement, if approved, would apply to various employees who work in the transport and logistics industry. The dispute arose when certain employees contested the terms of the agreement, particularly those relating to wage increases and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the necessary substantive provisions to warrant approval. The Commission needed to assess if the agreement was made genuinely and voluntarily, without any form of coercion or undue influence. Additionally, it had to consider whether the agreement provided fair and reasonable terms for the employees and if it complied with the relevant minimum standards.

The Commission found that the agreement had been made in compliance with the procedural requirements of the Act. It was evident that the negotiation process was genuine and that there was no coercion or undue influence. The Commission also concluded that the agreement provided fair and reasonable terms for the employees. It met the minimum standards and offered wage increases and improvements in working conditions that were commensurate with the industry. Consequently, the Commission approved the Enterprise Agreement 2015, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered and binding on all parties, ensuring that the terms and conditions outlined therein were enforceable. This decision provided clarity and certainty for both the employer and the employees, facilitating a stable and productive working environment.

Trility 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