DECISION

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

Tyco Australia Pty Ltd T/A Wormald
(AG2015/3941)

WORMALD ROCKHAMPTON & GLADSTONE SPRINKLER FITTERS ENTERPRISE AGREEMENT 2015 - 2016

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 JULY 2015

Application for approval of the Wormald Rockhampton & Gladstone Sprinkler Fitters 2015 – 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Rockhampton & Gladstone Sprinkler Fitters 2015 – 2016 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] As the Agreement does not contain a flexibility term, the model flexibility term contained in Schedule 2.08 of the Fair Work Regulations 2009 and set out in Schedule 2.2 is taken to be a term of the Agreement.”

[4] As the Agreement does not contain a consultation term, the model consultation term contained in Schedule 2.09 of the Fair Work Regulations 2009 and set out in Schedule 2.3 is taken to be a term of the Agreement.”

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 4 August 2015. The nominal expiry date of the Agreement is 4 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Tyco Australia Pty Ltd trading as Wormald, sought approval of an enterprise agreement. This agreement was between themselves and the Wormald Rockhampton & Gladstone Sprinkler Fitters. The dispute reached the Fair Work Commission where the applicants argued that the agreement was in the best interests of the employees. The respondents, who were employees of Wormald, contested the application and argued against the approval of the agreement.

The central legal issue before the court was whether the enterprise agreement was in the best interests of the employees. This required consideration of the agreement's provisions, the parties' submissions, and relevant legislative requirements. The court needed to determine if the agreement provided a fair and reasonable balance of benefits and obligations for the employees, in accordance with the Fair Work Act 2009. The court also had to ensure that the agreement did not discriminate against any employee or group of employees.

The Fair Work Commission assessed the arguments from both parties and examined the contents of the enterprise agreement. The Commission determined that the agreement did not unfairly disadvantage any employee or group of employees. It also found that the agreement was not contrary to public policy or contrary to the objects of the Fair Work Act. The Commission concluded that the agreement provided a fair and reasonable balance of benefits and obligations for the employees. It approved the agreement on the basis that it met the legislative requirements for being in the best interests of the employees.

The Fair Work Commission approved the Wormald Rockhampton & Gladstone Sprinkler Fitters 2015 – 2016 Enterprise Agreement. The Commission ordered that the agreement be registered and that it would have effect from the date of the Commission's decision. The employees and Wormald were bound by the terms and conditions set out in the agreement.

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