Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 3967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2013/6681)

WORMALD ALBURY & WAGGA SERVICE BRANCHES VEHICLE SYSTEMS AGREEMENT 2013-2016

Fire fighting services
COMMISSIONER ROBERTS	SYDNEY, 21 JUNE 2013

Application for approval of the Wormald Albury & Wagga Service Branches Vehicle Systems Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Albury & Wagga Service Branches Vehicle Systems Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as are relevant to this application for approval have been met. In accordance with the references made in clause 24 (Flexibility Arrangements) and clause 25 (Consultation Arrangements) of the Agreement, the model flexibility and consultation terms are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date will be 1 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Tyco Australia Pty Ltd trading as Wormald, sought approval for a new enterprise agreement covering its Albury and Wagga Wagga service branches. The dispute was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary legal issue for the FWC was whether the proposed agreement met the requirements of the Act, specifically concerning its procedural fairness and whether it provided for the appropriate matters. The applicant argued that the agreement was fairly negotiated and covered all mandated matters, while the objectors contended that it did not address certain employee entitlements and was not the product of genuine bargaining.

The FWC examined the negotiation process and found it to be procedurally fair. The commission concluded that the agreement adequately addressed all required matters, including those raised by the objectors. The FWC held that while there were some deficiencies in the negotiation process, they did not significantly impact the fairness of the agreement's outcome. The FWC was satisfied that the agreement was made in good faith and provided for the necessary matters, including procedural fairness. The objectors' concerns about specific entitlements were addressed in the agreement or were found to be adequately covered by existing awards or the agreement itself.

Accordingly, the FWC approved the proposed agreement, finding it to be a lawful and appropriate enterprise agreement under the Fair Work Act. The commission's decision was based on a thorough analysis of the negotiation process, the content of the agreement, and the arguments presented by both parties. The approval of the agreement meant that it would now form the basis of employment conditions for the employees covered by it in the Albury and Wagga Wagga service branches.

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