Trivantage Pty Ltd T/A Trivantage Infrastructure

[2023] FWCA 2923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trivantage Pty Ltd T/A Trivantage Infrastructure

(AG2023/3060)

TRIVANTAGE PTY LTD (TRIVANTAGE MANUFACTURING)

Enterprise Agreement 2023 - 2027

Electrical contracting industry
COMMISSIONER ALLISON	MELBOURNE, 12 SEPTEMBER 2023

Application for approval of the Trivantage Pty Ltd (Trivantage Manufacturing) Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Trivantage Pty Ltd (Trivantage Manufacturing) Enterprise Agreement 2023 - 2027 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023. Given the notification time for the Agreement was 15 March 2023, the transitional arrangements for the Amending Act provide that the genuine agreement requirements in Part 2-4 of the Act as they stood just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 23 August 2023 the better off overall test provisions in Part 2-4 of the Act as amended on 6 June 2023 apply.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2023. The nominal expiry date of the Agreement is 12 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Trivantage Pty Ltd (trading as Trivantage Infrastructure) Enterprise Agreement 2023-2027. The applicant, Trivantage, sought to have the agreement, which had been negotiated between the company and the relevant union, recognised and approved by the Commission. The agreement was to cover a range of employees employed by Trivantage across various roles within the manufacturing sector. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission had to resolve included whether the agreement provided for the fair and efficient negotiation of terms and conditions of employment, whether it complied with the 'better off overall test', and whether it adhered to the requirements for 'good faith' bargaining. Additionally, the Commission needed to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it complied with the 'in writing' requirement, ensuring all agreed terms were documented.

The Fair Work Commission, after reviewing the application and submissions from both parties, found that the agreement met the necessary criteria for approval. The Commission determined that the agreement had been negotiated in good faith and provided for a fair and efficient system for determining employees' terms and conditions of employment. It was also found to satisfy the better off overall test, ensuring that employees were not worse off financially under the new agreement compared to their previous conditions. The Commission was satisfied with the dispute resolution mechanisms and confirmed that all terms were appropriately documented, meeting the statutory requirements.

The Commission approved the Trivantage Pty Ltd (Trivantage Infrastructure) Enterprise Agreement 2023-2027. The approval came into effect on the date specified in the agreement, allowing the new terms and conditions to apply to the relevant employees. The decision was made in the interest of ensuring fair and efficient workplace relations while providing a stable and predictable environment for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established