Tyco Australia Pty Ltd T/A Wormald Summary

[2013] FWCA 1217

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
(AG2013/5042)

WORMALD SOUTH AUSTRALIAN SERVICE SPRINKLER FITTER'S ENTERPRISE AGREEMENT 2012 - 2015

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 FEBRUARY 2013

Application for approval of the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2012-2015 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2013. The nominal expiry date of the Agreement is 31 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Tyco Australia Pty Ltd trading as Wormald, who applied for the approval of the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2012-2015. The Fair Work Commission was required to assess the agreement under the Fair Work Act 2009, considering whether it met the criteria for registration. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was genuinely agreed upon by both parties.

The legal issues before the Commission included whether the agreement's terms and conditions were fair and reasonable, and if there was sufficient evidence that the agreement had been genuinely negotiated and agreed to by both parties. The Commission considered whether the agreement adhered to the requirements set out in the Fair Work Act, particularly focusing on whether the agreement provided for fair remuneration and conditions that were in line with industry standards. The Commission also needed to assess whether there was any undue influence or coercion in the agreement's formation.

In its decision, the Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement had been genuinely negotiated and agreed upon by both parties, without any evidence of undue influence or coercion. The Commission concluded that the agreement met the criteria for registration and approved the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2012-2015.

The Fair Work Commission ordered the approval of the agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision ensured that the terms and conditions set out in the agreement would apply to the employees covered by it, providing a legally recognised framework for their employment.

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