Tyco Australia Pty Ltd

[2014] FWCA 4851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd
(AG2014/6630)

WORMALD SYDNEY MINOR WORKS FIRE ALARM ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 25 July 2014. The nominal expiry date of the Agreement is 25 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tyco Australia Pty Ltd sought approval for the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2014-2017. The agreement, which was intended to govern the employment terms of minor works fire alarm technicians in Sydney, was disputed by the company on the basis of procedural irregularities during the bargaining process. The commission had to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues revolved around the procedural fairness of the agreement's negotiation and the adherence to mandatory bargaining requirements. Specifically, the commission examined whether the union had genuinely bargained with the employer, whether the agreement was in the best interests of the employees, and whether it complied with the statutory obligations for minor enterprise agreements. The focus was on whether the process followed was legitimate and whether the terms of the agreement were fair and reasonable.

The commission concluded that the agreement was procedurally sound, despite the employer's concerns. It found that the union had engaged in genuine bargaining with the employer and that the terms of the agreement were fair and reasonable. The commission emphasised that while there were procedural issues, they did not reach the threshold of invalidating the agreement. The fairness and reasonableness of the agreement, and the fact that it was in the best interests of the employees, outweighed the procedural shortcomings. As a result, the commission approved the agreement.

The commission ordered that the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2014-2017 be approved and registered, effective from the date of the decision. This decision ensured that the agreement could be implemented, providing a legally binding framework for the employment of minor works fire alarm technicians in Sydney.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established