DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/5462)

WORMALD HERVEY BAY FIRE SPRINKLERS ENTERPRISE AGREEMENT 2015-2018

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 SEPTEMBER 2015

Application for approval of the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 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 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 21 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyco Australia Pty Ltd trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2015-2018. The applicant sought approval under section 232 of the Fair Work Act 2009, as the enterprise agreement had not been approved by the necessary majority vote of eligible employees. The dispute arose from the negotiations and subsequent agreement between the parties, focusing on the terms and conditions of employment for the workers covered by the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval. This involved assessing if the agreement contained the prescribed minimum terms and conditions, and if the approval process had been conducted in accordance with the relevant legislative provisions. Additionally, the Commission had to determine whether the agreement was procedurally sound, particularly in light of the applicant's submission that the required majority vote had not been achieved.

The Commission found that the enterprise agreement satisfied all the necessary statutory requirements. The agreement was comprehensive, including the prescribed minimum terms and conditions, and the process by which the agreement was negotiated and voted on was deemed procedurally fair. The Commission noted that the applicant had made a reasonable effort to achieve the required majority vote, despite the agreement not receiving the necessary support from the employees. Consequently, the Commission approved the enterprise agreement under section 232 of the Fair Work Act, recognising the good faith efforts of the parties in reaching an agreement.

The final orders of the Commission included the approval of the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2015-2018, with effect from the date of the application. The agreement was to apply to the employees covered by it, notwithstanding the failure to achieve the required majority vote. The Commission also directed that the agreement be registered with the Fair Work Commission, as required by the Act. This decision provided clarity on the approval process for enterprise agreements and reinforced the importance of good faith bargaining in industrial relations.

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