DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tritech Solutions Pty Ltd
(AG2021/6)

TRITECH SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 1 FEBRUARY 2021

Application for approval of the Tritech Solutions Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tritech Solutions Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tritech Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tritech Solutions Pty Ltd applied for approval of a single enterprise agreement. The applicant, a company in the information technology sector, sought to implement the Tritech Solutions Pty Ltd Single Enterprise Agreement 2020, which aimed to establish terms and conditions of employment for its employees. The application was made under section 233 of the Fair Work Act 2009, requiring the Fair Work Commission to consider the agreement's compliance with the Act and its merits.

The primary legal issues before the court involved determining whether the agreement met the statutory requirements for approval. This included assessing if the agreement contained all the prescribed minimum terms and conditions, whether it was free from prohibited content, and if the process by which the agreement was made complied with the procedural fairness standards. Additionally, the court had to evaluate the agreement's overall merits, including its fairness to the employees and the employer, and whether it contributed to productivity and economic efficiency.

In reaching its decision, the Fair Work Commission considered the provisions of the agreement, the submissions made by both parties, and relevant legal precedents. The court found that the agreement was in compliance with the statutory requirements, as it contained all the necessary minimum terms and conditions, and did not include any prohibited content. Furthermore, the process of negotiating the agreement was deemed to have been conducted fairly and in good faith. The agreement was also considered to be fair and balanced, taking into account the interests of both the employees and the employer, and contributing to productivity and economic efficiency. Based on these findings, the court approved the agreement, allowing it to come into effect as intended.

Tritech Solutions 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