Application by Trivium Australia Pty Ltd
Citation: [2026] FWCA 1814
What happened
Trivium Australia Pty Ltd sought approval for its 'Defence Projects (WA) Agreement 2026'. The company applied under section 185 of the Fair Work Act 2009. They provided written undertakings to address potential concerns. Bargaining representatives were consulted and raised no objections. The agreement covers a single enterprise.
What was decided
The Fair Work Commission approved the Trivium Australia Pty Ltd Defence Projects (WA) Agreement 2026, effective from July 20, 2026, expiring on July 13, 2030. the Commissioner noted some clauses potentially inconsistent with the National Employment Standards (NES), particularly regarding public holiday substitution and instant dismissal. However, a clause stating that NES entitlements prevail in cases of inconsistency ensured approval.
What it means for employers
Employers should carefully review enterprise agreements to ensure consistency with the National Employment Standards. Specifically, provisions around public holidays and disciplinary procedures require close scrutiny to avoid being overly restrictive or inconsistent with Fair Work Regulations.
What it means for employees
Employees covered by this agreement should be aware that the National Employment Standards will apply if there is a conflict between the agreement's terms and those standards. This ensures employees receive at least the minimum entitlements guaranteed under the NES.
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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