Tyco Australia Pty Ltd T/A Wormald Summary

[2014] FWCA 5669

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
(AG2014/8545)

WORMALD CAIRNS FIRE ALARMS 2014 - 2016 ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 AUGUST 2014

Application for approval of the Wormald Cairns Fire Alarms 2014 - 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Cairns Fire Alarms 2014 - 2016 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 Agreement is approved. In accordance with s.54(1) it will operate from 26 August 2014. The nominal expiry date of the Agreement is 26 August 2016.

DEPUTY PRESIDENT

Annexure A

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, sought approval of the Wormald Cairns Fire Alarms 2014-2016 Enterprise Agreement. The applicant, a company operating in the fire protection industry, and the respondent, a union representing the applicant's employees, had entered into the agreement. The union's members were employed as fire protection technicians and supervisors, working in the Cairns region.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, specifically in terms of procedural fairness, good faith bargaining, and the content of the agreement. The Commission had to determine if the agreement was made in good faith and if the process of reaching the agreement was fair. Additionally, the content of the agreement was scrutinised to ensure it met the requirements of the Act and did not contain any unlawful provisions.

The Commission found that the agreement was made in good faith and that the bargaining process was procedurally fair. It was noted that the parties had engaged in good faith negotiations, and the union had provided adequate representation to its members. The content of the agreement was also found to be compliant with the Act, with no provisions that would render the agreement unlawful. Consequently, the Commission approved the Wormald Cairns Fire Alarms 2014-2016 Enterprise Agreement.

The Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The decision underscores the importance of good faith bargaining and procedural fairness in the enterprise agreement process. The approval of this agreement will provide a framework for the terms and conditions of employment for the affected employees for the duration of 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