Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 9004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2013/11351)

WORMALD GLADSTONE FIRE ALARM ENTERPRISE AGREEMENT 2013-2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Wormald Gladstone Fire Alarm Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Gladstone Fire Alarm Enterprise Agreement 2013-2015 (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 applicant has given an undertaking in relation to the agreement which is attached to this decision and the back of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 November 2013. The nominal expiry date of the Agreement is7 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, sought approval for the Wormald Gladstone Fire Alarm Enterprise Agreement 2013-2015. The application was lodged with the Fair Work Commission (FWC) as the relevant industrial tribunal under the Fair Work Act 2009. The dispute arose from negotiations between Wormald and its employees, represented by the Electrical Trades Union of Australia (ETUA), regarding the terms of their employment within the Gladstone Fire Alarm enterprise.

The legal issues before the FWC involved determining whether the proposed agreement met the requirements for registration under the Fair Work Act. Specifically, the FWC needed to assess whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Act, including the enterprise bargaining priority provisions. The ETUA argued that the agreement failed to provide adequate protections for employees and did not meet the standards set by the Act.

The FWC considered the evidence and submissions from both parties. It concluded that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The tribunal found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the enterprise bargaining priority provisions. The FWC was satisfied that the agreement met the legal requirements for approval and registration.

Accordingly, the FWC approved the Wormald Gladstone Fire Alarm Enterprise Agreement 2013-2015, and it was registered with the Fair Work Commission. The agreement became binding on all employees and employers covered by the enterprise.

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