Trimatic Management Services Pty Ltd

[2014] FWCA 7604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trimatic Management Services Pty Ltd
(AG2014/9522)

TRIMATIC MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Contract call centre industry
COMMISSIONER CARGILL	SYDNEY, 27 OCTOBER 2014

Application for approval of the Trimatic Management Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Trimatic Management Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trimatic Management Services 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] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 November 2014. The nominal expiry date is four (4) years from the date of approval.

[5] A number of conditional terminations of individual agreement-based transitional instruments (individual agreements) were lodged with the application for approval of the Agreement. In accordance with Schedule 3, clause 18 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 those individual agreements will terminate upon commencement of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

Trimatic Management Services Pty Ltd sought approval of the Trimatic Management Services Pty Ltd Enterprise Agreement 2014 from the Fair Work Commission. The application was made by the employer, and the Australian Manufacturing Workers' Union was the other party involved. The agreement sought to regulate the terms and conditions of employment for employees within the scope of the agreement. The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the proper balance between the parties' interests, promoted high-quality employment, and did not adversely affect employees' general entitlement to benefits.

The court considered whether the agreement was fairly negotiated, contained appropriate mechanisms for dispute resolution, and provided for the proper balance of employees' interests. It was also necessary to assess if the agreement promoted high-quality employment, including fair wages, and did not adversely affect employees' general entitlement to benefits. The employer argued that the agreement was necessary to ensure business viability and competitiveness, while the union contended that it protected employees' rights and interests.

After careful consideration, the court found that the agreement met the criteria for approval under the Fair Work Act 2009. The agreement was found to be fairly negotiated, contained appropriate mechanisms for dispute resolution, and provided for the proper balance of employees' interests. The court also concluded that the agreement promoted high-quality employment, including fair wages, and did not adversely affect employees' general entitlement to benefits. Consequently, the Fair Work Commission approved the Trimatic Management Services Pty Ltd Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established