Tyco Australia Pty Ltd T/A Wormald Summary

[2014] FWCA 5936

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
(AG2014/8547)

WORMALD, FIRE ALARM INSTALLATIONS DIVISION, SYDNEY NSW ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 AUGUST 2014

Application for approval of the Wormald, Fire Alarm Installations Division, Sydney NSW Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald, Fire Alarm Installations Division, Sydney NSW Enterprise Agreement (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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 4 September 2014. The nominal expiry date of the Agreement is 4 September 2017.

DEPUTY PRESIDENT

Annexure A

Matter number AG2014/8547

Wormald Fire Alarms installation Division Sydney NSW Enterprise Agreement

2014-2016

Undertaking

In the above matter, the employer makes the following undertaking:

● The disputes settlement procedure in Clause 1.20 will apply to any disputes that arise in relation to the National Employment Standard as per s.186 (6)(a)(ii) of the Fair Work Act 2009.

Signed
Phillip Darby
National Industrial Relations Manager
Tyco Services

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Tyco Australia Pty Ltd, trading as Wormald, for the approval of an enterprise agreement concerning the Fire Alarm Installations Division based in Sydney, New South Wales. The application was heard in the Fair Work Commission, the relevant body for such matters under Australian labour law. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement, and whether these terms were fair and reasonable.

The legal issues before the Commission were whether the proposed agreement provided for the terms and conditions of employment that were no less favourable than the applicable awards or registered agreements, and whether the agreement had been made in accordance with the relevant statutory requirements. Specifically, the Commission needed to consider whether the agreement met the 'better-off-overall test' and whether there was genuine agreement between the employer and the employees, as evidenced by the necessary majority of votes in favour of the agreement.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting the better-off-overall test. The Commission noted that the agreement provided for terms and conditions that were, in many respects, no less favourable than the relevant awards or agreements. Furthermore, the Commission was satisfied that there was genuine agreement, as evidenced by the majority of votes cast by the employees in favour of the agreement. The Commission concluded that the agreement was compliant with the statutory requirements and approved it accordingly.

The Fair Work Commission approved the Wormald, Fire Alarm Installations Division, Sydney NSW Enterprise Agreement, thereby allowing it to come into effect and govern the terms and conditions of employment for the employees covered by the agreement.

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