Tyco Australia Pty Ltd T/A Wormald

[2013] FWCA 6011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2013/7247)

WORMALD, GOLD-COAST FIRE EQUIPMENT DEPARTMENT FIELD TECHNICIAN ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 AUGUST 2013

Application for approval of the Wormald Gold-Coast Fire Equipment Department Field Technician Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Gold-Coast Fire Equipment Department Field Technician Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Pty Ltd t/as Wormald. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 16 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 19 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wormald Gold-Coast Fire Equipment Department, acting through its Australian Pty Ltd trading entity, applied for approval of the Field Technician Enterprise Agreement 2013-2016. The applicant submitted that the agreement met the requirements of the Fair Work Act 2009, including the "better off overall test" in section 233. The applicant argued that the agreement was made in good faith and provided for appropriate terms and conditions for the field technicians employed by the company. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application, asserting that the agreement did not meet the "better off overall test" and contained terms that were not reasonably capable of being characterised as a term of the agreement.

The Commission considered the evidence and submissions presented by both parties and focused on the "better off overall test" in section 233 of the Fair Work Act 2009. The Commission found that the agreement met the requirements of the Act, including the "better off overall test." The Commission determined that the agreement provided for appropriate terms and conditions for the field technicians employed by the company and was made in good faith. The Commission rejected the respondents' argument that the agreement did not meet the "better off overall test" and contained terms that were not reasonably capable of being characterised as a term of the agreement.

Accordingly, the Commission approved the Field Technician Enterprise Agreement 2013-2016. The Commission found that the agreement provided for appropriate terms and conditions for the field technicians employed by the company and met the requirements of the Fair Work Act 2009. The Commission rejected the respondents' argument that the agreement did not meet the "better off overall test" and contained terms that were not reasonably capable of being characterised as a term of the agreement. The Commission found that the agreement was a genuine enterprise agreement within the meaning of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established