DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trility Water Pty Ltd
(AG2021/6294)

THE BARWON BIOSOLIDS PLANT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 31 AUGUST 2021

Application for approval of The Barwon Biosolids Plant Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as The Barwon Biosolids Plant 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 Water Pty Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[7] In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trility Water Pty Ltd recently appeared before the Fair Work Commission, seeking approval for the Barwon Biosolids Plant Enterprise Agreement 2021. The application involved the standard terms and conditions for employees working at the Barwon Biosolids Plant, aiming to establish a legally binding agreement between the employer and the employees. The core dispute centred on the fairness and reasonableness of the proposed agreement provisions, particularly regarding wages, conditions, and dispute resolution mechanisms.

The legal issues before the court required a thorough examination of whether the agreement complied with the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms, the adequacy of the dispute resolution processes, and whether the agreement addressed the specific needs and interests of the employees. Additionally, the court needed to assess if the agreement was free from any unlawful provisions or if it unfairly disadvantaged any party.

In its decision, the Fair Work Commission carefully reviewed the proposed agreement, considering submissions from both Trility Water Pty Ltd and the employee representatives. The court found that the agreement met the legislative standards for fairness and reasonableness, ensuring it provided appropriate protections and benefits for the employees. The dispute resolution mechanisms were deemed adequate, and the overall terms were considered to be in the best interests of both parties. Consequently, the court approved the Barwon Biosolids Plant Enterprise Agreement 2021, setting it as a binding agreement between the employer and the employees.

Trility Water 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