Trimcast Products Pty Ltd

[2017] FWCA 4329

[2017] FWCA 4329

FAIR WORK COMMISSION

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

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Attachment A