Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 3441

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
(AG2013/6021)

WORMALD, BRISBANE, QLD (A TYCO INTERNATIONAL COMPANY) PORTABLE FIRE EQUIPMENT DIVISION ENTERPRISE AGREEMENT FOR QLD, 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Wormald, Brisbane, QLD (a Tyco International Company) Portable Fire Equipment Division Enterprise Agreement for QLD, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wormald, Brisbane, QLD (a Tyco International Company) Portable Fire Equipment Division Enterprise Agreement for QLD, 2013 (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] On 9 May 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

[4] The agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the Agreement is 6 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Portable Fire Equipment Division Enterprise Agreement 2013. Tyco Australia Pty Ltd, trading as Wormald, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from negotiations between the employer and its employees over terms and conditions of employment. The Commission was required to determine whether the agreement met the necessary criteria for approval, including that it provided for the proper operation of the enterprise, and was free from any unlawful content.

The central legal issues that the Commission had to address included whether the agreement complied with the procedural requirements of the Fair Work Act, whether it contained any provisions that were contrary to public policy, and whether the agreement had been genuinely negotiated between the parties. The Commission also needed to ensure that the agreement provided for the proper operation of the enterprise and did not unfairly discriminate against any group of employees.

The Fair Work Commission concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement was procedurally sound, as it had been negotiated in good faith and contained no unlawful provisions. The Commission also determined that the agreement was not contrary to public policy and was fair and reasonable in all its terms. The Commission was satisfied that the agreement provided for the proper operation of the enterprise and did not unfairly discriminate against any group of employees.

The Fair Work Commission approved the Portable Fire Equipment Division Enterprise Agreement 2013. The agreement was registered and came into effect from the date of the Commission's decision. The parties were required to comply with the terms of the agreement, and any disputes arising from the agreement would be subject to the Fair Work Act and the procedures set out in the agreement.

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