Tyco Australia Pty Ltd

[2014] FWCA 5684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Australia Pty Ltd
(AG2014/6743)

WORMALD ACT ELECTRICAL AND PORTABLES SERVICE ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

Application for approval of the Wormald ACT Electrical and Portables Service Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wormald ACT Electrical and Portables Service Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 6 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the National Industrial Relations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The parties to the proceeding were Tyco Australia Pty Ltd and the Electrical Trades Union of Australia. The dispute arose from the union's application for approval of the Wormald ACT Electrical and Portables Service Enterprise Agreement 2014-2017. The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included whether the agreement had been made in good faith and without coercion, and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission considered the evidence presented by both parties and the terms of the agreement. It found that the agreement had been made in good faith and without coercion, and that it complied with the relevant legislation. The Commission also considered the impact of the agreement on the employees and the employers, and found that it provided for a fair and reasonable outcome for all parties.

The Commission approved the agreement subject to certain modifications, including the removal of a clause that limited the employer's ability to delegate certain tasks to non-union employees. The employer and the union were given the opportunity to negotiate these modifications and reach an agreement. The Commission's decision was based on its finding that the agreement, as modified, met the requirements for approval under the Fair Work Act 2009. The decision was binding on both parties, and the agreement came into effect on the date of the Commission's decision. The Fair Work Commission's decision provides guidance on the factors it will consider when approving an enterprise agreement, and the importance of ensuring that agreements are made in good faith and without coercion. It also highlights the role of the Commission in facilitating the negotiation of enterprise agreements and resolving disputes between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established