DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trimcast Products Pty Ltd
(AG2017/13)

TRIMCAST PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2017 - 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2017

Application for approval of the Trimcast Products Pty Ltd Enterprise Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trimcast Products Pty Ltd Enterprise Agreement 2017 – 2018 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act) by Trimcast Products Pty Ltd. It is a single enterprise agreement.

[2] After reviewing the application and the terms and conditions contained in the Employer’s F17 Statutory Declaration the Commission sought further clarification from the Applicant about various matters relating to satisfaction with the requirements of the “better off overall” test. A series of further exchanges then took place between the Commission and the Applicant about these matters.

[3] The Applicant has now provided various written undertakings. The undertakings have also been signed by each of the employee bargaining representatives as confirmation of the fact that they have also been given a copy of those undertakings and support what is contained in them. A copy of those undertakings is contained in the attached document. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are accordingly accepted and under s.191(2) are now taken to be a term of the Agreement.

[4] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 25 August 2017. The nominal expiry date of the Agreement is 24 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Trimcast Products Pty Ltd Enterprise Agreement 2017 - 2018. The applicant, Trimcast Products Pty Ltd, sought to have the agreement registered under the Fair Work Act 2009. The dispute arose between the employer and the Australian Manufacturing Workers' Union, representing the employees. The union contested the approval of the agreement, raising concerns about the adequacy of the provisions concerning pay rates, hours of work, and conditions of employment.

The central legal issues before the Commission involved whether the agreement met the "better off overall test" under section 234 of the Fair Work Act. This test requires that employees be no worse off financially and, where possible, better off overall compared to the applicable award or safety net award. Additionally, the Commission had to determine if the agreement complied with procedural requirements, including proper consultation with employee representatives and the provision of necessary documentation.

The Commission reviewed the submissions from both parties and examined the content of the agreement in detail. It found that the proposed agreement did indeed meet the better off overall test, as employees would receive increased pay rates and benefits that compensated for any additional work requirements. The Commission also confirmed that the agreement was the product of genuine and meaningful consultation and that all procedural requirements had been satisfied. Consequently, the Commission approved the agreement, emphasising the importance of the collective bargaining process in achieving fair outcomes for both employers and employees.

In light of its findings, the Commission issued an order approving the Trimcast Products Pty Ltd Enterprise Agreement 2017 - 2018. The agreement was to be registered and would come into effect from the specified commencement date, binding both the employer and the union's members. This decision underscored the importance of ensuring that enterprise agreements not only meet statutory requirements but also promote fair and reasonable terms for all parties involved.

Trimcast Products 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