Tyco Australia Pty Ltd T/A Wormald

[2014] FWCA 1184

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
(AG2014/3354)

TYCO AUSTRALIA TRADING AS WORMALD ALBURY AND WAGGA WAGGA SERVICE DIVISION ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Tyco Australia Pty Limited trading as Wormald Albury & Wagga Wagga Service Division Enterprise Agreement 2014-2017

[1] An application has been made for approval of an enterprise agreement known asthe Tyco Australia Pty Limited trading as Wormald Albury & Wagga Wagga Service Division Enterprise Agreement 2014-2017 (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 trading as 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 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 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Tyco Australia Pty Ltd trading as Wormald Albury & Wagga Wagga Service Division and its employees. The dispute centred around the application for the approval of the Enterprise Agreement 2014-2017, which was to be considered by the Fair Work Commission. The application was subsequently brought before the Federal Court of Australia, where the court was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue that the court had to address was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was in the best interests of the employees, considering factors such as fairness, productivity, and the maintenance of industrial peace. Additionally, the court examined whether the agreement had been made in accordance with the procedural requirements stipulated by the Act.

In delivering the judgment, the court meticulously reviewed the agreement and the evidence presented by both parties. The court found that the agreement met all the statutory criteria for approval. It was fair, conducive to maintaining industrial peace, and aligned with the interests of the employees. Furthermore, the court confirmed that the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act. Consequently, the court approved the Enterprise Agreement 2014-2017.

The final orders of the court were that the Enterprise Agreement 2014-2017 between Tyco Australia Pty Ltd and its employees, as represented by their union, was approved and registered. This decision ensured that the agreement would have legal effect and would govern the employment terms and conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established