Trility Water Pty Ltd T/A Trility Water

Case [2018] FWCA 2726


[2018] FWCA 2726

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Trility Water Pty Ltd T/A Trility Water

(AG2018/557)

The Barwon Biosolids Plant Enterprise Agreement 2018

Scientific services

Commissioner Johns

SYDNEY, 15 MAY 2018

Application for approval of The Barwon Biosolids Plant Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as The Barwon Biosolids Plant Enterprise Agreement 2018 (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 T/A Trility Water. The Agreement is a single enterprise agreement.

  1. The Applicant 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.

  1. 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.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 6 February 2021.

COMMISSIONER

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Annexure A

Details
AGLC
Trility Water Pty Ltd T/A Trility Water [2018] FWCA 2726
Case
[2018] FWCA 2726
Decision Date

CaseChat Overview and Summary

Trility Water Pty Ltd, trading as Trility Water, sought approval of the Barwon Biosolids Plant Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement’s compliance with the Act, specifically its provisions concerning employee entitlements, conditions of employment, and the process by which it was made.

The primary legal issues before the Commission involved scrutinising the agreement’s compliance with the Fair Work Act. These included whether the agreement contained all mandated minimum terms and conditions, if it was made in accordance with the procedural requirements, and if it was free from any invalid provisions. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees of Trility Water, and if it was made without any improper influence or coercion.

The Fair Work Commission determined that the Barwon Biosolids Plant Enterprise Agreement 2018 substantially complied with the requirements of the Fair Work Act. The Commission found that the agreement was made without any procedural flaws and contained all the necessary minimum terms and conditions. It was noted that the agreement was fair and reasonable, providing appropriate protections for the employees. Consequently, the Commission approved the agreement, recognising its validity and enforceability.

The Fair Work Commission's final order was to approve the Barwon Biosolids Plant Enterprise Agreement 2018, affirming its compliance with the Fair Work Act and its suitability for enforcement. The decision underscored the importance of ensuring that enterprise agreements meet statutory requirements to protect the rights of both employers and employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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