DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/5509)

WORMALD HERVEY BAY FIRE ALARMS AND ELECTRICAL 2015 - 2018 ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER ROE	PERTH, 25 SEPTEMBER 2015

Application for approval of the Wormald Hervey Bay Fire Alarms and Electrical 2015 - 2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Hervey Bay Fire Alarms and Electrical 2015 - 2018 (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 T/A Wormald. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 25 September 2015 and, in accordance with s.54, will operate from 2 October 2015. The nominal expiry date of the Agreement is 25 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyco Australia Pty Ltd, trading as Wormald, applied for approval of the Wormald Hervey Bay Fire Alarms and Electrical 2015 - 2018 Enterprise Agreement under section 186 of the Fair Work Act 2009. The dispute arose from the negotiation and proposed terms of this enterprise agreement, which sought to regulate the employment conditions of certain employees within the Hervey Bay region. The matter was heard in the Fair Work Commission.

The legal issues the court needed to address involved whether the proposed agreement met the criteria for approval as a simple, single-enterprise, single-employer agreement. The primary focus was on the procedural fairness in the negotiation process, the balance of the agreement in terms of its benefits and protections for employees, and whether the agreement adhered to the provisions set forth in the Fair Work Act. The court also needed to consider whether any aspects of the agreement unfairly disadvantaged employees or contravened any existing industrial instruments.

The court examined the negotiation process and found it to be procedurally sound, with adequate representation and opportunity for input from the employees. The court found that the proposed agreement provided a fair balance of rights and obligations between the employer and the employees. It noted that the agreement included provisions for minimum wages, conditions, and dispute resolution mechanisms that were consistent with the statutory requirements. The court was satisfied that the agreement did not unfairly disadvantage employees or breach any existing industrial instruments. Therefore, the court approved the agreement, finding it met the statutory criteria for a simple enterprise agreement.

The final orders included the approval of the Wormald Hervey Bay Fire Alarms and Electrical 2015 - 2018 Enterprise Agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and applied to the specified employees within the Hervey Bay region.

Tyco Australia Pty Ltd T/A Wormald

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established