Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 2201

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
(AG2013/5705)

WORMALD CAIRNS PORTABLES ENTERPRISE AGREEMENT - 2013-2016

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Wormald Cairns Portables Enterprise Agreement - 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application 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.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 19 April 2013. The nominal expiry date of the agreement is 1 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of an enterprise agreement with certain employees. The applicants were represented by the Australian Building and Construction Employees and Builders Labourers Federation, while the respondents were represented by various entities including the Queensland Building and Construction Commission. The applicants sought approval for the agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for certain employees and the negotiation of an enterprise agreement.

The legal issues before the Commission were whether the applicants had appropriately negotiated the agreement in good faith, whether the agreement met the requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission examined the process of negotiation, the content of the agreement, and the overall fairness and benefits of the agreement to the employees.

After careful consideration, the Fair Work Commission approved the agreement. The Commission found that the applicants had negotiated the agreement in good faith and that the agreement complied with the requirements of the Fair Work Act. The Commission determined that the agreement was in the best interests of the employees, taking into account the overall balance of benefits and detriments. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Wormald Cairns Portables Enterprise Agreement 2013-2016, subject to certain conditions and modifications. The Commission's decision was based on its finding that the agreement was negotiated in good faith, met the requirements of the Fair Work Act, and was in the best interests of the employees. The approval of the agreement provides certainty and stability for the employees and employers involved 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