Trility Water Pty Ltd

[2023] FWCA 2011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trility Water Pty Ltd

(AG2023/1831)

THE BARWON BIOSOLIDS PLANT ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 3 JULY 2023

Application for approval of The Barwon Biosolids Plant Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as The Barwon Biosolids Plant Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trility Water Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trility Water Pty Ltd, in their capacity as the employer for employees at The Barwon Biosolids Plant, sought approval from the Fair Work Commission for the newly drafted Enterprise Agreement. The dispute centred around the terms and conditions of employment, which were to be governed by this agreement. The Fair Work Commission, exercising its jurisdiction under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the statutory requirements and provided for the employees' fair and reasonable terms of employment.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory framework outlined in the Fair Work Act, particularly sections 228 and 230. The Commission needed to ensure that the agreement was made in good faith, provided for the employees' minimum entitlements, and contained terms and conditions that were fair and reasonable. A secondary issue was whether the agreement adequately addressed the specific needs and concerns of the employees as well as the operational requirements of the employer.

In delivering its decision, the Commission emphasised the importance of achieving a balance between the rights of employers and employees. The Commission noted that the agreement provided for minimum entitlements and contained terms that were fair and reasonable. It found that the parties had demonstrated a genuine attempt to negotiate in good faith. The Commission also considered the specific provisions of the agreement, including those relating to wages, working conditions, and dispute resolution mechanisms, and concluded that these provisions were consistent with the principles of fairness and reasonableness. Accordingly, the Commission approved the Enterprise Agreement, finding that it met the statutory requirements under the Fair Work Act.

The final order of the Commission was that the Barwon Biosolids Plant Enterprise Agreement 2023 be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. This decision legally binds both the employer and employees to the terms of the agreement, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established