DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trivantage Pty Ltd
(AG2019/1270)

TRIVANTAGE PTY LTD (TRIVANTAGE MANUFACTURING) ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JUNE 2019

Application for approval of the Trivantage Pty Ltd (Trivantage Manufacturing) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Trivantage Pty Ltd (Trivantage Manufacturing) Enterprise Agreement 2019 - 2023 (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. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 27 June 2019 and, in accordance with s.54, will operate from 4 July 2019. The nominal expiry date of the Agreement is 26 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Trivantage Pty Ltd (Trivantage Manufacturing) Enterprise Agreement 2019-2023. This agreement was submitted to the Fair Work Commission (FWC) by Trivantage Pty Ltd, which is the employer, and the relevant trade union, the Transport and Distribution Industries Union of Australia (TDU). The dispute centred around the provisions of the proposed agreement, particularly those relating to employment conditions, pay rates, and other terms and conditions of employment for the employees covered by the agreement.

The legal issues that the court was required to determine involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was a genuine enterprise agreement, provided for the proper operation of the enterprise, and was in the best interests of the employees. Additionally, the court had to examine whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The court found that the agreement met all the statutory requirements for approval. It determined that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The court was satisfied that the provisions of the agreement were appropriate for the proper operation of the enterprise and were in the best interests of the employees. The court further found that the agreement complied with all relevant provisions of the Fair Work Act and the Fair Work Regulations. Consequently, the court approved the agreement, which was subsequently registered by the FWC.

The court's decision resulted in the formal approval of the Trivantage Pty Ltd (Trivantage Manufacturing) Enterprise Agreement 2019-2023, effective from the date of registration by the FWC. The agreement now serves as the governing document for the employment conditions of the employees covered by the agreement, providing a framework for the terms and conditions of their employment during the specified period.

Trivantage 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