Trivium Australia Pty Ltd

[2025] FWCA 79

[2025] FWCA 79

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Trivium Australia Pty Ltd

(AG2024/4404)

TRIVIUM AUSTRALIA PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 9 JANUARY 2025

Application for approval of the Trivium Australia Pty Ltd South Australia Enterprise Agreement 2024.

1. Trivium Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Trivium Australia Pty Ltd South Australia Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 13.12 provides that where an employee abandons their employment, they may be subject to disciplinary action, up to and including termination of employment. Section 123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by s 117 of the Act. This term of the Agreement appears to be inconsistent with the NES at section 117 of the Act.

(b)Clause 20.4 provides for public holiday substitution between “the Employer and the majority of employees”. This appears to be inconsistent with s 115(4) of the Act provides for substitution between the employer and an individual employee only.

1. However, I am satisfied that under clause 6.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 9 January 2025 and, in accordance with s 54, will operate from 16 January 2025. The nominal expiry date of the Agreement is 9 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527544  PR783129>

Annexure A