Application by Trivium Australia Pty Ltd
Citation: [2026] FWCA 1670
What happened
Trivium Australia Pty Ltd sought approval for the Trivium Australia Pty Ltd Offshore Maintenance & Services Enterprise Agreement 2026, under section 185 of the Fair Work Act. The agreement covers employees in manufacturing and associated industries. A minor technical error occurred regarding the agreement's title on the Notice of Employee Representational Rights (NERR) compared to its title within the agreement itself. The Australian Workers’ Union is a bargaining representative for the agreement and wants it to cover them.
What was decided
The Fair Work Commission approved the enterprise agreement, noting minor technical errors but finding employees were not disadvantaged. the Commissioner was satisfied that the agreement had been genuinely agreed to and that undertakings provided by Trivium Australia Pty Ltd would not cause financial detriment or substantial changes. Clauses inconsistent with the National Employment Standards (NES) will be overridden by the NES’s more beneficial entitlements. A delegates' rights term in the agreement was found less favourable than existing award terms, so relevant clauses from those awards are taken to be part of the agreement.
What it means for employers
Employers should ensure consistency between titles on notices and within enterprise agreements. They must also consider how their agreements interact with the National Employment Standards (NES) and ensure any inconsistencies are addressed, allowing for the NES to prevail where necessary. Review delegate rights clauses against relevant award terms.
What it means for employees
Employees covered by this agreement benefit from its terms, but should be aware that certain provisions may be overridden by more beneficial entitlements under the National Employment Standards (NES). The Australian Workers’ Union is now covered by the agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →