Trivantage Pty Ltd

[2022] FWCA 3683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trivantage Pty Ltd

(AG2022/4268)

Trivantage Pty Ltd (Trivantage Manufacturing QLD) Enterprise Agreement 2022 - 2026

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 21 OCTOBER 2022

Application for approval of the Trivantage Pty Ltd (Trivantage Manufacturing QLD) Enterprise Agreement 2022 - 2026.

An application has been made for approval of an enterprise agreement known as the Trivantage Pty Ltd (Trivantage Manufacturing QLD) Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trivantage Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2022. The nominal expiry date of the Agreement is 20 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trivantage Pty Ltd, the applicant, sought approval of the Trivantage Pty Ltd (Trivantage Manufacturing QLD) Enterprise Agreement 2022 - 2026 from the Fair Work Commission. The applicant argued that the proposed agreement was appropriate for the workforce and met the requirements for approval under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement adequately represented the interests of the employees, provided fair terms and conditions, and complied with the statutory requirements for approval.

The legal issues before the court included whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, whether it adequately represented the interests of the workforce, and whether it complied with the requirements for approval under the Fair Work Act. Additionally, the court had to consider whether the agreement met the "better off overall test" (BOOT) to ensure that employees would not be worse off under the new agreement compared to their previous conditions.

The Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions for the employees, adequately represented their interests, and complied with the statutory requirements for approval. The Commission was satisfied that the agreement met the BOOT, ensuring that employees would not be worse off under the new agreement. The Commission also considered the views and submissions of both parties, the collective bargaining process, and the overall fairness of the agreement. As a result, the Commission approved the Trivantage Pty Ltd (Trivantage Manufacturing QLD) Enterprise Agreement 2022 - 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established