DECISION

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

Tyco Australia Pty Ltd T/A Wormald
(AG2015/3725)

2015-2018 WORMALD TOOWOOMBA FIRE EQUIPMENT ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 JULY 2015

Application for approval of the 2015-2018 Wormald Toowoomba Fire Equipment Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 June 2015 by Tyco Australia Pty Ltd T/A Wormald for the approval of a single-enterprise agreement known as the 2015-2018 Wormald Toowoomba Fire Equipment Enterprise Agreement (“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald, the applicant, sought approval of the 2015-2018 Enterprise Agreement with its employees, who were represented by the Electrical Trades Union of Australia, the applicant's bargaining representative. The application was made under section 231 of the Fair Work Act 2009. The application came before the Fair Work Commission, with the Union opposing the application. The Union claimed that certain clauses in the agreement unfairly disadvantaged employees, were not genuinely agreed to, and failed to meet the "better off overall test".

The Commission found that while some clauses were unfair, they were not so unfair as to render the entire agreement void. The Commission accepted that the agreement had been genuinely negotiated and met the better off overall test. The Commission noted that the Union had not provided any evidence to support its claims that the agreement was not genuinely negotiated and that employees were not better off overall. Instead, the Union relied on its own interpretation of the agreement.

The Commission found that the Union's opposition was not well founded and that the agreement should be approved. The Commission noted that the agreement contained provisions for dispute resolution, which would allow for any future disputes to be resolved fairly and efficiently. The Commission also noted that the agreement contained provisions for the protection of employees' rights, which would ensure that employees were not disadvantaged by the agreement.

The Commission approved the 2015-2018 Enterprise Agreement, subject to certain modifications to address the unfair clauses. The Union's application for costs was dismissed.

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