Tyco Australia Pty Ltd T/A Wormald

[2013] FWCA 7178

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
(AG2013/8727)

WORMALD SYDNEY FIRE ALARM EMERGENCY SERVICE ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made bythe 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 20 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied for approval of the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2013-2016. The dispute arose in the Fair Work Commission, where the primary concern was whether the agreement met the necessary criteria under the Fair Work Act 2009. The Commission needed to determine if the agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it contained the appropriate minimum entitlements.

The legal issues before the Commission were multifaceted, focusing on whether the agreement was genuinely negotiated, if it covered the requisite minimum terms and conditions, and if it adhered to the procedural requirements set by the Fair Work Act. Additionally, the Commission examined if the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement was genuinely negotiated and contained all the necessary minimum entitlements. The process was deemed fair, with both parties having an opportunity to participate and express their views. The agreement was approved as it met the statutory requirements and provided a fair framework for the employment relationship during the specified period. Consequently, the Commission issued an order approving the agreement as a certified agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established