DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triumph International (Australia) Pty Ltd
(AG2016/5514)

TRIUMPH INTERNATIONAL (AUSTRALIA) PTY LTD WAREHOUSE, FINISHING AND DESPATCH ENTERPRISE AGREEMENT 2016

Clothing industry
COMMISSIONER GREGORY	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2016.

[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 2016 (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 Textile, Clothing and Footwear Union of Australia 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 12 October 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Triumph International (Australia) Pty Ltd, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the application. The dispute centred around the terms and conditions proposed in the Enterprise Agreement 2016, which sought to govern the employment of warehouse, finishing, and despatch workers within Triumph International's operations.

The legal issues before the Commission included whether the proposed agreement was a "good faith" bargain, met the requirements for "direct" and "genuine" negotiations, and contained "no unacceptable provisions". A critical issue was whether the proposed agreement adequately protected employees' rights to a minimum wage and other entitlements.

The Commission found that the proposed agreement had been negotiated in good faith and directly between the employer and the union representing the employees. The agreement was deemed to be genuine as it was not the product of coercion or undue influence. The Commission also determined that the agreement did not contain any unacceptable provisions, as it provided for fair wages and conditions of employment that were consistent with the National Employment Standards. The proposed agreement was found to be in line with the principles of the Fair Work Act, providing for a fair and equitable resolution of the employment relationship.

As a result, the Commission approved the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2016, effective from 1 April 2016. The approval ensures that the terms and conditions of employment are regulated by the agreement, providing certainty and stability for both the employer and employees. The Commission's decision underscores the importance of achieving fair and reasonable agreements through genuine negotiation processes.

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