Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 6170

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
(AG2013/8513)

WORMALD GOSFORD SERVICE/INSTALLATIONS FIRE ALARM DIVISION ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 30 AUGUST 2013

Application for approval of the Wormald Gosford Service/Installations Fire Alarm Division Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Wormald Gosford Service/Installations Fire Alarm Division 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 by Tyco Australia Pty Ltd (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 three years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Tyco Australia Pty Ltd, trading as Wormald, and the relevant trade unions. The nature of the dispute pertains to the application for approval of the Wormald Gosford Service/Installations Fire Alarm Division Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction to make binding decisions on workplace relations issues.

The legal issues that the court needed to decide centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on whether the agreement was in the best interests of the employees and whether it met the criteria for approval under the Act. This included examining the process through which the agreement was formed and ensuring that it provided for fair and reasonable terms and conditions of employment.

The court's reasoning involved a detailed analysis of the enterprise agreement's provisions and the process through which it was negotiated and agreed upon. The court considered whether the agreement was genuinely negotiated between the employer and the employees and whether it provided for fair and reasonable terms and conditions of employment. After reviewing the evidence and arguments presented, the court determined that the agreement met the necessary criteria for approval and was in the best interests of the employees. The court approved the enterprise agreement, highlighting the importance of ensuring that such agreements are genuinely negotiated and provide fair terms for employees.

No further orders were made beyond the approval of the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and provide fair terms for employees, while also recognising the need for flexibility in the workplace to facilitate efficient and effective operations.

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