Tyco Australia Pty Ltd T/A Wormald Summary

[2014] FWCA 6070

FAIR WORK COMMISSION

DECISION

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

Tyco Australia Pty Ltd T/A Wormald
(AG2014/8627)

TYCO AUSTRALIA PTY LTD T/A WORMALD, SOUTH AUSTRALIA CONSTRUCTION SPRINKLER FITTERS ENTERPRISE AGREEMENT 2014-2016

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the Tyco Australia Pty Ltd t/as Wormald South Australia Construction Sprinkler Fitters Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Tyco Australia Pty Ltd t/as Wormald South Australia Construction Sprinkler Fitters Enterprise Agreement 2014-2016 (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 Communication, Electrical, Electronic, Energy, Information, Postal Plumbing & Allied Services Union of Australia (CEPU), South Australia Branch - Electrical, Energy and Services Devision (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tyco Australia Pty Ltd trading as Wormald, an employer, and a union, the Electrical Trades Union of Australia (ETUA), representing the employees. The dispute centred around the approval of an enterprise agreement, the Tyco Australia Pty Ltd t/as Wormald South Australia Construction Sprinkler Fitters Enterprise Agreement 2014-2016. The Fair Work Commission (FWC) was tasked with deciding whether this agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the FWC had to address were whether the agreement was genuinely a product of agreement between the parties, whether it provided for the direct determination of the employees' terms and conditions of employment, and whether it was compliant with the good faith bargaining requirements. Additionally, the FWC needed to ensure that the agreement did not contravene any provisions of the Fair Work Act, such as those related to minimum pay rates or unfair dismissal protections.

In making its decision, the FWC evaluated the process through which the agreement was negotiated and concluded that the agreement was indeed a product of genuine bargaining. The Commission found that the agreement met the criteria for direct determination of terms and conditions of employment, and it satisfied the good faith bargaining requirements. The FWC also confirmed that the agreement did not contravene any provisions of the Fair Work Act. Consequently, the FWC approved the enterprise agreement.

As a result of the FWC's decision, the Tyco Australia Pty Ltd t/as Wormald South Australia Construction Sprinkler Fitters Enterprise Agreement 2014-2016 was approved and became legally binding on the parties. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, and other employment-related terms.

Tyco Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established