DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd t/a Wormald
(AG2016/2384)

WORMALD (WA) AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA) FIRE PROTECTION ENTERPRISE AGREEMENT WESTERN AUSTRALIA - 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the Wormald (WA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia – 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wormald (WA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia – 2016 - 2019 (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 t/a Wormald. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyco Australia Pty Ltd, trading as Wormald, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) brought an application for the approval of the Fire Protection Enterprise Agreement Western Australia – 2016 - 2019. The Fair Work Commission heard the application. The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it complied with the provisions of the Fair Work Act 2009, and whether it contained appropriate terms and conditions for employees.

The Commission considered whether the agreement provided for minimum rates of pay, overtime, penalty rates, leave provisions, and other entitlements in line with the relevant awards. The Commission also examined whether the agreement included appropriate dispute resolution mechanisms and was free from any unfair content. After reviewing the submissions and evidence provided by the parties, the Commission determined that the agreement met the necessary criteria for approval. The agreement was found to comply with the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission approved the Fire Protection Enterprise Agreement Western Australia – 2016 - 2019.

Tyco Australia Pty Ltd t/a Wormald

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established