DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trimex Pty Ltd
(AG2015/5324)

TRIMEX PTY LTD WAREHOUSE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Trimex Pty Ltd Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Trimex Pty Ltd Warehouse Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trimex Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers being a bargaining representative for the Agreement, 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.

[5] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 10 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case are Trimex Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a union. The nature of the dispute pertains to the application for the approval of the Trimex Pty Ltd Warehouse Enterprise Agreement 2015. The case was heard by the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements.

The primary legal issue the court had to address was whether the Trimex Pty Ltd Warehouse Enterprise Agreement 2015 was made in accordance with the Fair Work Act 2009. This included assessing if the agreement was genuinely negotiated between the employer and the union, if it met the requirements of a low-paid agreement, and if it complied with the procedural fairness standards set out in the Fair Work Act. Additionally, the court had to consider if the agreement contained appropriate terms and conditions for the employees and if it adhered to the general protections outlined in the Fair Work Act.

The Fair Work Commission carefully examined the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the compliance with the statutory requirements. The Commission found that the agreement was genuinely negotiated between Trimex Pty Ltd and the AMWU, and it met the criteria for a low-paid agreement. The court also concluded that the agreement complied with the procedural fairness standards and contained appropriate terms and conditions for the employees. Therefore, the Commission approved the Trimex Pty Ltd Warehouse Enterprise Agreement 2015.

The final orders of the Fair Work Commission were to approve the Trimex Pty Ltd Warehouse Enterprise Agreement 2015, which would now be registered and enforceable under the Fair Work Act. This decision provided clarity and certainty for the employer and the union, ensuring that the terms and conditions of employment for the employees were legally sound and in line with the provisions of the Fair Work Act.

Trimex 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