Trility Pty Ltd Summary

[2025] FWCA 3281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Trility Pty Ltd

(AG2025/2989)

TRILITY PTY LTD ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 29 SEPTEMBER 2025

Application for approval of the TRILITY Pty Ltd Enterprise Agreement 2025

An application has been made by Trility Pty Ltd (Applicant) for approval of an enterprise agreement known as the Trility Pty Limited - Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).

Concerns were raised that some of the terms of the Agreement, particularly the provisions concerning deduction and withholding of monies due to employees under the NES on termination (Cl 18.4), may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.

Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

Concerns were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 the Agreement covers the AWU.

The Agreement was approved on 29 September 2025 and will operate from 6 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Trility Pty Ltd, sought approval of the Trility Pty Ltd Enterprise Agreement 2025. The application was brought before the Fair Work Commission, an independent statutory body with jurisdiction over matters relating to workplace relations. The agreement in question was negotiated between the applicant and its employees, represented by the Transport Workers Union. The primary issue before the Commission was whether the agreement met the legal requirements for approval, including provisions relating to employee entitlements, working conditions, and dispute resolution mechanisms.

The Commission considered various aspects of the agreement, focusing on whether it complied with the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, if it appropriately balanced the rights and obligations of the parties, and if it was negotiated in good faith. Additionally, the Commission examined if the agreement met the ‘better off overall test’ and was consistent with the principles of the national workplace relations system. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not adequately protect employee rights.

After careful consideration, the Commission determined that the agreement substantially complied with the statutory requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions, balanced the rights and obligations of the parties, and was negotiated in good faith. Furthermore, the Commission was satisfied that the agreement met the better off overall test and aligned with the principles of the national workplace relations system. Consequently, the application was approved, and the Trility Pty Ltd Enterprise Agreement 2025 was registered with the Fair Work Commission.

The final order of the Commission was to approve the agreement and register it under the Fair Work Act 2009, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding for the parties involved, providing a framework for the management of workplace relations between Trility Pty Ltd and its employees.

Trility Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established