TriMas Corporation Pty Ltd

[2014] FWCA 7702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TriMas Corporation Pty Ltd
(AG2014/7949)

TRIMAS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 OCTOBER 2014

Application for approval of the TriMas Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the TriMas Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by TriMas Corporation Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 5/1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

TriMas Corporation Pty Ltd sought approval of the TriMas Enterprise Agreement 2014 from the Fair Work Commission. The application was brought in response to the company's desire to restructure its workforce, which led to negotiations with the Australian Manufacturing Workers' Union. The dispute primarily revolved around the terms of the proposed agreement and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The court was required to determine whether the proposed enterprise agreement met the necessary criteria for approval, including whether it facilitated the improvement of productivity, efficiency, and profitability, without unduly sacrificing the employees' rights or entitlements. A key issue was whether the agreement complied with the "better off overall test", which required that no employee be worse off under the new agreement compared to their previous conditions, and at least one employee must be better off.

The Fair Work Commission considered the submissions from both parties and examined the provisions of the proposed agreement. The Commission found that the agreement provided for improved efficiency and productivity while ensuring that no employee was worse off overall. It also concluded that the agreement did not contravene any provisions of the Fair Work Act. Consequently, the application for approval was granted, and the TriMas Enterprise Agreement 2014 was approved as a registered agreement.

The court ordered that the TriMas Enterprise Agreement 2014 be registered, effective from the date of the decision. This decision allowed TriMas Corporation Pty Ltd to implement the agreed changes, subject to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established