Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 3283

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
(AG2013/6489)

WORMALD CAIRNS FIRE SPRINKLER ENTERPRISE AGREEMENT - 2013-2016

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 24 MAY 2013

Application for approval of the Wormald Cairns Fire Sprinkler Enterprise Agreement - 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Cairns Fire Sprinkler 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 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.

[3] The flexibility clause at 31 in the Agreement is to incorporate the model flexibility term to comply with s.203 of the Act. Therefore pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[4] The consultation clause at 32 in the Agreement is to incorporate the model consultation term to comply with s.205 of the Act. Therefore pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2013. The nominal expiry date of the Agreement is 1 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Tyco Australia Pty Ltd trading as Wormald, applied for approval of the Wormald Cairns Fire Sprinkler Enterprise Agreement for the period 2013-2016. The matter was heard in the Fair Work Commission (FWC). The applicant sought approval of the proposed enterprise agreement, which aimed to govern the employment terms and conditions of the workforce within the Cairns fire sprinkler division.

The primary legal issues before the FWC were whether the agreement met the requirements under the Fair Work Act 2009 (Cth) for enterprise agreements to be approved. These requirements included ensuring the agreement was made in good faith, covered all employees in the relevant enterprise, and provided for minimum entitlements and dispute resolution mechanisms. Additionally, the FWC needed to determine if the process of reaching the agreement complied with the statutory provisions, including adequate consultation and the use of a registered bargaining representative.

The FWC found that the applicant had demonstrated compliance with the legislative requirements for the approval of the enterprise agreement. The process of negotiation and agreement was deemed to have been conducted in good faith, with appropriate consultation and the involvement of a registered bargaining representative. The agreement was comprehensive, covering all employees within the enterprise, and provided for minimum entitlements as mandated by the Act. Furthermore, the FWC was satisfied that the dispute resolution mechanisms within the agreement were adequate. Consequently, the FWC approved the enterprise agreement, acknowledging its alignment with the statutory requirements.

No specific orders were issued beyond the approval of the enterprise agreement. The approval was granted on the basis that the agreement met all the necessary legislative criteria and provided a fair framework for the employment terms and conditions within the specified enterprise.

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