Trility Pty Ltd T/A Trility

[2021] FWCA 5848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trility Pty Ltd T/A Trility
(AG2021/6903)

TRILITY PTY LIMITED - ENTERPRISE AGREEMENT 2021

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 15 SEPTEMBER 2021

Application for approval of the TRILITY Pty Limited - Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the TRILITY Pty Limited - Enterprise Agreement 2021 (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 T/A Trility. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trility Pty Ltd T/A Trility applied to the Fair Work Commission for approval of the Trility Pty Limited - Enterprise Agreement 2021. The applicant was represented by Mr. H. K. K. Ng, and the respondent, the Retail and Fast Food Workers Union of Victoria, was represented by Ms. R. J. Williams. The nature of the dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, and the potential impact on employees within the specified classification.

The legal issues before the commission included whether the proposed agreement met the criteria for registration under the Fair Work Act 2009, including ensuring the agreement was in the best interests of the employees and did not undermine minimum wages and conditions. The commission also had to consider whether the agreement provided for a fair and efficient method of resolving disputes between the parties.

The commission found that the proposed agreement met the legislative requirements for approval. The agreement was deemed to be in the best interests of the employees, as it provided for fair and equitable terms of employment. The commission considered the evidence presented and concluded that the agreement did not undermine the minimum standards of wages and conditions. The commission also found that the agreement provided for an efficient method of resolving disputes between the parties. As a result, the commission approved the proposed enterprise agreement.

The final orders of the commission were that the Trility Pty Limited - Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would apply to the employees covered by the agreement. The commission also ordered that the applicant provide a copy of the approved agreement to the respondent and to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established