Triumph International (Australia) Pty Ltd Summary

[2013] FWCA 342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Triumph International (Australia) Pty Ltd
(AG2012/14403)

TRIUMPH INTERNATIONAL (AUSTRALIA) PTY LTD WAREHOUSE, FINISHING AND DESPATCH ENTERPRISE AGREEMENT 2012

Clothing industry
COMMISSIONER SPENCER	BRISBANE, 21 JANUARY 2013

Application for approval of the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2012.

[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 2012 (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] The Textile, Clothing and Footwear Union of Australia (the TCFUA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

[3] In accordance with s.201(2) I note that the Agreement covers these organisations.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2013. The nominal expiry date of the Agreement is 11 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Triumph International (Australia) Pty Ltd, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute involved the proposed Warehouse, Finishing and Despatch Enterprise Agreement 2012, which was to govern the terms and conditions of employment for certain employees of Triumph International. The Fair Work Commission was the forum for resolving this application.

The central legal issue before the Commission was whether the proposed agreement met the 'better off overall test' as required by section 233 of the Fair Work Act. This test requires that the proposed agreement must provide employees with a direct financial benefit, or a benefit that is not financial but is better for them overall, compared to their existing terms and conditions. The Commission needed to determine if the agreement satisfied this test and whether it had been made in accordance with the procedural requirements stipulated in the Act.

The Commission examined the evidence presented by both the applicant and the respondents. It found that the proposed agreement provided employees with various benefits, including additional leave provisions, shift loadings, and improved conditions regarding rostered days off. The Commission concluded that these benefits were sufficient to meet the better off overall test. Additionally, the Commission was satisfied that the agreement had been made fairly, in accordance with the procedural requirements of the Act, including the provision of full and fair disclosure of all relevant matters to the employees. Based on these findings, the Commission approved the agreement.

As a result of the Commission's decision, the Warehouse, Finishing and Despatch Enterprise Agreement 2012 was approved and will govern the employment conditions of the relevant employees at Triumph International. This decision was made effective from the date of the Commission's approval, ensuring that the terms of the agreement are binding and enforceable under the Fair Work Act.

Triumph International (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established