Trivantage Pty Ltd

[2022] FWCA 3682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trivantage Pty Ltd

(AG2022/4266)

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

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 21 OCTOBER 2022

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

An application has been made for approval of an enterprise agreement known as the Trivantage Pty Ltd (Trivantage Manufacturing NSW) 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

In the Fair Work Commission, Trivantage Pty Ltd applied for approval of the Trivantage Pty Ltd (Trivantage Manufacturing NSW) Enterprise Agreement 2022-2026. The dispute involved the terms and conditions of employment for the employees of Trivantage Pty Ltd, a company involved in manufacturing within New South Wales. The Commission was required to assess whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for the employees' minimum entitlements, whether it was free from prohibited content, and if it complied with procedural requirements such as proper authorisation. The Commission also had to determine if the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off financially under the new agreement compared to their existing conditions.

After thorough examination of the proposed agreement and the evidence presented by both parties, the Commission found that the agreement satisfied all statutory requirements. The agreement provided for minimum entitlements, was free from prohibited content, and complied with procedural formalities. Furthermore, the Commission was satisfied that the agreement met the better off overall test. The Commission approved the proposed enterprise agreement, highlighting its compliance with the relevant legislative framework and its potential benefits for the employees involved.

The Fair Work Commission ordered the approval of the Trivantage Pty Ltd (Trivantage Manufacturing NSW) Enterprise Agreement 2022-2026, effective from 1 July 2022. The Commission's decision was based on the comprehensive analysis of the agreement's provisions and its alignment with the statutory requirements set forth in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established