Tyco Australia Pty Ltd T/A Wormald

[2013] FWCA 2203

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
(AG2013/5706)

WORMALD MACKAY PORTABLES ENTERPRISE AGREEMENT - 2013-2016

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Wormald Mackay 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia, a company operating under the name Wormald, applied to the Fair Work Commission for approval of the Wormald Mackay Portables Enterprise Agreement for the period 2013-2016. The application was opposed by the Retail and Fast Food Workers Union of Victoria, the Australian Manufacturing Workers Union and the United Voice union. The unions argued that the agreement did not meet the "better off overall test" as required by the Fair Work Act 2009, and was therefore invalid. The unions submitted that the agreement did not provide employees with sufficient pay and conditions, and did not adequately protect employees' entitlements.

The Fair Work Commission considered the evidence presented by both parties and determined that the agreement met the "better off overall test". The Commission found that the agreement provided employees with a fair and reasonable set of terms and conditions, and that it was in the best interests of the employees to approve the agreement. The Commission also found that the agreement provided for adequate protection of employees' entitlements, and that it was not unfair or unreasonable in any way.

Accordingly, the Fair Work Commission approved the Wormald Mackay Portables Enterprise Agreement for the period 2013-2016. The unions' application for opposition to the approval of the agreement was dismissed. The Commission's decision was final and binding on all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established