DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triumph International (Australia) Pty Ltd
(AG2018/5629)

TRIUMPH INTERNATIONAL (AUSTRALIA) PTY LTD WAREHOUSE, FINISHING AND DESPATCH ENTERPRISE AGREEMENT 2018

Clothing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MARCH 2019

Application for approval of the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Triumph International (Australia) 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 Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2019. The nominal expiry date of the Agreement is 17 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triumph International (Australia) Pty Ltd, the applicant, sought approval for the Warehouse, Finishing and Despatch Enterprise Agreement 2018. The application was brought before the Fair Work Commission, as it involved an enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval, including its compliance with the procedural fairness and good faith bargaining provisions.

The legal issues before the Commission included whether the applicant had complied with the procedural fairness and good faith bargaining requirements under the Fair Work Act. This involved examining whether Triumph International (Australia) Pty Ltd had engaged in genuine bargaining with its employees and whether it had provided sufficient information to the employees to enable informed decision-making regarding the agreement. The Commission also had to determine whether the agreement itself met the Fair Work Act's requirements for enterprise agreements.

The Commission found that the applicant had engaged in genuine bargaining and had provided adequate information to its employees. The agreement was found to be fair and reasonable, meeting all requirements under the Fair Work Act. The Commission highlighted that the applicant had demonstrated a commitment to fair work principles and had acted in good faith throughout the bargaining process. Consequently, the Commission approved the Warehouse, Finishing and Despatch Enterprise Agreement 2018.

The final orders of the Commission included the approval of the Warehouse, Finishing and Despatch Enterprise Agreement 2018. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined within it would govern the employment of the relevant employees. The Commission's decision underscored the importance of fair and genuine bargaining processes in the formation of enterprise agreements.

Triumph International (Australia) 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