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[11]
austlii:cth/FWCA/2025/3281
General information, not legal advice.
FWCA
2025-09-29
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 29 September 2025.
The references to the Agreement as the 'TRILITY Pty Ltd Enterprise Agreement 2025' in the Title, Preamble, and Paragraph [1] of the Decision have been corrected to 'TRILITY Pty Limited - Enterprise Agreement 2025'.
s.185 - Application for approval of a single-enterprise agreement
TRILITY PTY LIMITED - ENTERPRISE AGREEMENT 2025
Application for approval of the TRILITY Pty Limited - Enterprise Agreement 2025
[1] An application has been made by Trility Pty Ltd (Applicant) for approval of an enterprise agreement known as the TRILITY Pty Limited - Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
[2] Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).
[3] Concerns were raised that some of the terms of the Agreement, particularly the provisions concerning deduction and withholding of monies due to employees under the NES on termination (Cl 18.4), may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.
[4] Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.
[5] Concerns were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
[6] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
[7] The Australian Workers' Union (AWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the AWU.
[8] The Agreement was approved on 29 September 2025 and will operate from 6 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.
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