DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trimcast Products Pty Ltd
(AG2019/4905)

TRIMCAST PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 JANUARY 2020

Application for approval of the Trimcast Products Pty Ltd Enterprise Agreement 2020 - 2023.

[1] Trimcast Products Pty Ltd has applied for approval of a single enterprise agreement known as the Trimcast Products Pty Ltd Enterprise Agreement 2020 - 2023 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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. In accordance with s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement was approved on 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 21 January 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Trimcast Products Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the Trimcast Products Pty Ltd Enterprise Agreement 2020-2023. The applicant, Trimcast Products, is an employer, while the respondents are trade unions representing the employees. The dispute centres on the terms and conditions of employment, including wages, hours, and other workplace arrangements, as outlined in the proposed enterprise agreement.

The legal issues before the Commission involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was made in good faith, if it provided for the proper operation of enterprises, if it contained appropriate minimum terms and conditions, and if it complied with other relevant legislative provisions. The unions argued that the agreement did not adequately protect employee interests and failed to meet certain statutory criteria.

The Commission found that the proposed agreement was made in good faith and contained terms and conditions that were fair and reasonable. It considered the parties' bargaining positions, the nature of the enterprise, and the broader economic context. The Commission noted that while some provisions could be improved, they were not so deficient as to warrant rejecting the agreement outright. It concluded that the agreement was in the public interest and met the statutory requirements for approval. Consequently, the Commission approved the Trimcast Products Pty Ltd Enterprise Agreement 2020-2023, effective from the date of the decision.

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