DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/2568)

WORMALD SYDNEY EMERGENCY LIGHTING ENTERPRISE AGREEMENT 2015 - 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JULY 2015

Application for approval of the WORMALD Sydney Emergency Lighting Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the WORMALD Sydney Emergency Lighting Enterprise Agreement 2015 - 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 1 July 2015 and, in accordance with s.54, will operate from 8 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tyco Australia Pty Ltd, trading as Wormald, applied for the approval of the Wormald Sydney Emergency Lighting Enterprise Agreement 2015-2017. The application arose due to concerns about the fairness and effectiveness of the proposed agreement in addressing the needs of the employees. The commission was tasked with ensuring that the agreement met the standards of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights.

The primary legal issues before the commission were whether the agreement was appropriately negotiated and if it provided fair and reasonable terms for the employees. The commission had to consider whether the process of negotiation was genuine and if the agreement contained terms that were procedurally fair and substantively fair. This included assessing if the agreement met the requirements of the Fair Work Act, including compliance with minimum entitlements and the protection of employee rights.

The commission found that the agreement was appropriately negotiated and contained fair and reasonable terms for the employees. It concluded that the negotiation process was genuine, and the terms of the agreement were procedurally and substantively fair. The commission noted that the agreement provided for minimum entitlements that were not less favourable than those provided by the relevant award or an applicable registered agreement. Furthermore, the commission was satisfied that the agreement did not undermine the right to freedom of association and protected employees from adverse action. As a result, the commission approved the agreement.

The final orders of the commission were to approve the Wormald Sydney Emergency Lighting Enterprise Agreement 2015-2017, effective from 1 July 2015 for a period of two years. The approval was subject to the agreement being registered with the Fair Work Commission and any necessary amendments being made in accordance with the Fair Work Act.

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