Trivantage Pty Ltd T/A Trivantage Infrastructure

[2023] FWCA 2923

[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

1. 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.

1. 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.

1. 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.

1. 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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