Tritech Solutions Pty Ltd

[2016] FWCA 1859

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Tritech Solutions Pty Ltd
(AG2016/2435)
TRITECH SOLUTIONS PTY LTD SINGLE ENTERPRISE
AGREEMENT 2016
Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 MARCH 2016

Application for approval of the Tritech Solutions Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Tritech Solutions Pty Ltd Single Enterprise Agreement 2016 (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] 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.
[2016] FWCA 1859

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

31 March 2016. The nominal expiry date of the Agreement is 23 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1859

Annexure A

CaseChat Overview and Summary

Tritech Solutions Pty Ltd sought approval of its Single Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the electrical contracting industry. The application was heard by Commissioner Gregory of the Fair Work Commission in Melbourne. The central legal issues for determination were whether the Agreement met the statutory requirements for approval under the Fair Work Act and whether the written undertakings provided by the applicant would ensure no financial detriment to employees and no substantial changes to the Agreement.

The Commissioner considered the statutory criteria set out in sections 186, 187, 188, and 190 of the Fair Work Act, which pertain to the approval of enterprise agreements. After reviewing the Agreement and the provided undertakings, the Commissioner was satisfied that the requirements had been met. Specifically, the Commissioner found that the Agreement complied with the mandatory provisions of the Act, and the written undertakings provided adequate assurances that no financial detriment would befall employees and no substantial changes would be made to the Agreement.

Consequently, the Commissioner approved the Tritech Solutions Pty Ltd Single Enterprise Agreement 2016, subject to the written undertakings. The Agreement was set to operate from 31 March 2016, with a nominal expiry date of 23 March 2020. This approval ensures that the terms of the Agreement are legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established