DECISION

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

Tyco Australia Pty Ltd T/A Wormald
(AG2015/2515)

WORMALD EMPLOYEE NORTH COAST AND NEW ENGLAND AREA NSW FIRE PROTECTION ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 JUNE 2015

Application for approval of the Wormald Employee North Coast and New England Area NSW Fire Protection Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Employee North Coast and New England Area NSW Fire Protection Enterprise Agreement 2014-2017 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 26 May 2015, which included further material in support of the application together with Undertakings made by and duly signed by the National Industrial Relations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Tyco Australia Pty Ltd trading as Wormald, applied for the approval of an enterprise agreement. The dispute was between the applicant and the employees covered by the proposed agreement. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the requirements for being a "bargaining representative agreement" and if it contained the necessary "protected action provisions". The Commission needed to determine if the agreement was made in good faith, if it provided for a fair and efficient workplace, and if it contained provisions for the resolution of disputes.

The Commission examined the negotiation process and found that the agreement was indeed a bargaining representative agreement. It also assessed if the agreement contained the requisite "protected action provisions" and concluded that it did. The applicant had demonstrated that the agreement was made in good faith, as there was evidence of genuine bargaining and consideration of employee input. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and it contained provisions for the resolution of disputes. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Wormald Employee North Coast and New England Area NSW Fire Protection Enterprise Agreement 2014-2017 be approved. The approval was subject to the conditions that the agreement would be registered with the Commission and that any subsequent variations to the agreement would also need to be approved by the Commission. The decision was made on the basis that the agreement met all the statutory requirements and provided for a fair and efficient workplace.

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