DECISION

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

Tyco Australia Pty Ltd T/A Wormald
(AG2015/2052)

WORMALD SE QLD SPRINKLER PIPE FITTING ENTERPRISE AGREEMENT 2015 - 2016

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 MARCH 2015

Application for approval of the Wormald SE QLD Sprinkler Pipe Fitting Enterprise Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wormald SE QLD Sprinkler Pipe Fitting Enterprise Agreement 2015 - 2016 (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] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 March 2015. The nominal expiry date of the Agreement is 24 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application by Tyco Australia Pty Ltd trading as Wormald to secure approval for the Wormald SE QLD Sprinkler Pipe Fitting Enterprise Agreement 2015-2016. The dispute arose from the need for the Fair Work Commission to determine whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The court was tasked with reviewing the agreement to ensure it complied with the relevant provisions of the Act, particularly focusing on whether it provided for a fair and efficient workplace relationship.

The central legal issues before the court involved assessing whether the proposed agreement was genuinely negotiated, met the criteria for an enterprise agreement, and provided for a fair and efficient workplace relationship. This required scrutiny of the negotiation process, the content of the agreement, and whether it aligned with the statutory requirements. The court also had to consider whether the agreement provided for a fair and efficient workplace relationship, including examining whether the agreement's terms and conditions were equitable and whether they addressed the needs of both the employer and the employees effectively.

In reaching its decision, the court meticulously reviewed the negotiation process and found that the agreement had been genuinely negotiated. The court also determined that the agreement met the statutory requirements and provided for a fair and efficient workplace relationship. The court emphasised that the agreement contained provisions that were fair and efficient, taking into account the interests of both the employer and the employees. Based on this analysis, the court approved the agreement, recognising that it complied with all necessary legal requirements and was in the best interest of the parties involved.

The final orders of the court were that the Wormald SE QLD Sprinkler Pipe Fitting Enterprise Agreement 2015-2016 be approved, effective from the date of the decision. This approval meant that the agreement could be implemented, providing a framework for the employment relationship between Tyco Australia Pty Ltd and its employees as defined within 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