DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trility Water Pty Ltd t/a Trility
(AG2016/2645)

THE BARWON BIOSOLIDS PLANT ENTERPRISE AGREEMENT 2016

Scientific services
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of The Barwon Biosolids Plant Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Barwon Biosolids Plant Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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 these organisations.

[5] The Agreement was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 9 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Trility Water Pty Ltd trading as Trility, sought approval for the Barwon Biosolids Plant Enterprise Agreement 2016. The respondents included the Transport Workers Union of Australia and the Community and Public Sector Union, which had raised concerns over the proposed agreement. The Fair Work Commission heard the application to approve the enterprise agreement, which aimed to regulate the terms and conditions of employment for employees of Trility Water Pty Ltd at the Barwon Biosolids Plant.

The central legal issues before the commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of the employees and the employer. This involved examining the provisions of the agreement concerning wages, working conditions, dispute resolution mechanisms, and the protection of employees' rights. The commission also needed to determine if the agreement had been genuinely negotiated and if it was fair and reasonable in all the circumstances.

In reaching its decision, the commission considered the principles of freedom of contract, the need for industrial peace, and the protection of employees' rights. The commission found that the agreement generally met the statutory requirements and adequately balanced the interests of both parties. The commission acknowledged the respondents' concerns but concluded that the benefits of the agreement, such as improved wages and conditions, outweighed the potential disadvantages. Therefore, the commission approved the Barwon Biosolids Plant Enterprise Agreement 2016.

The Fair Work Commission approved the Barwon Biosolids Plant Enterprise Agreement 2016, effective from the date of the decision. This decision provided clarity and certainty for both the employer and the employees, ensuring that the terms and conditions of employment were regulated by a fair and reasonable agreement.

Trility Water Pty Ltd t/a Trility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established