Tyco Australia Pty Ltd t/a Wormald

[2016] FWCA 1708

[2016] FWCA 1708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd t/a Wormald
(AG2016/2384)

WORMALD (WA) AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA) FIRE PROTECTION ENTERPRISE AGREEMENT WESTERN AUSTRALIA - 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the Wormald (WA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia – 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wormald (WA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia – 2016 - 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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