Trivium Australia Pty Ltd Summary

[2022] FWCA 1664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Trivium Australia Pty Ltd

(AG2022/1153)

Approval of the Trivium Australia Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 19 MAY 2022

Application for approval of the Trivium Australia Agreement 2022

An application has been made for approval of an enterprise agreement known as the Trivium Australia Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trivium Australia Pty Ltd. The Agreement is a single enterprise agreement.

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 26 May 2022. The nominal expiry date of the Agreement is 26 May 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by Trivium Australia Pty Ltd for the approval of the Trivium Australia Agreement 2022. This agreement was proposed to be a registered organisation agreement under section 179 of the Fair Work Act 2009. The application was made on behalf of the company's employees who were covered by the proposed agreement. The primary dispute centred around whether the agreement met the legislative requirements for approval and whether it provided fair terms for the employees.

The legal issues that the court had to address included whether the agreement complied with the statutory criteria set out in the Fair Work Act 2009, particularly regarding the procedural fairness and substantive fairness of the agreement. The court also needed to determine if the agreement had been negotiated in good faith and whether it provided for appropriate mechanisms for resolving disputes. Additionally, the court examined whether the agreement adequately covered the employees' terms and conditions of employment, ensuring they were not less favourable than the applicable award or registered agreement.

The court found that the Trivium Australia Agreement 2022 did comply with the necessary statutory requirements. It was determined that the agreement had been negotiated in good faith, provided for adequate dispute resolution mechanisms, and did not result in employees being less favourably treated than under the relevant award or registered agreement. The court was satisfied that the agreement met all the necessary criteria for approval and was in the best interests of the employees. As such, the court approved the agreement, enabling it to take effect as a registered organisation agreement.

Trivium Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established