Trimcast Products Pty Ltd

[2013] FWCA 8151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trimcast Products Pty Ltd
(AG2013/9550)

TRIMCAST PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 OCTOBER 2013

Application for approval of the Trimcast Products Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Trimcast Products Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Trimcast Products 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 several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 24 October 2013. The nominal expiry date of the Agreement is 23 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In Trimcast Products Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Trimcast Products Pty Ltd and its employees. The dispute arose from disagreements over the terms and conditions outlined in the proposed agreement, which was to cover the period from 2013 to 2016. The Commission had to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether the agreement had been genuinely negotiated. The Commission had to consider whether the agreement included minimum wage rates and other entitlements as per the applicable awards and whether there were provisions that adequately protected the rights of the employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including minimum wage rates and other entitlements. The Commission was satisfied that the agreement had been genuinely negotiated, as evidenced by the process and the involvement of the representatives of both parties. The Commission concluded that the agreement met the legal requirements for approval and granted approval for the Trimcast Products Pty Ltd Enterprise Agreement 2013-2016. The Commission issued its decision and the agreement was approved and registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established