DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2016/2261)

WORMALD ROCKHAMPTON & GLADSTONE FIRE ALARM SERVICE ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 16 MARCH 2016

Application for approval of the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 March 2016 and, in accordance with s.54, will operate from 23 March 2016. The nominal expiry date of the Agreement is 7 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Tyco Australia Pty Ltd, trading as Wormald, and the Australian Council of Trade Unions (ACTU). The dispute centred on the application for approval of the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018. The Commission was required to assess whether the agreement met the criteria set out under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement had been made in accordance with the procedural requirements outlined in the Act, and if it contained the minimum terms and conditions mandated by the Act. The Commission had to examine the processes by which the agreement was negotiated and if it had been done so fairly and without coercion. Additionally, the Commission needed to ensure that the agreement covered all the required minimum terms and conditions as stipulated by the Fair Work Act.

The Commission found that the agreement had been made in accordance with the relevant provisions of the Act. It noted that the negotiation process was conducted in good faith, and there was no evidence of unfair labour practices or coercion. The Commission was satisfied that all mandatory minimum terms and conditions were included within the agreement. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements.

As a result of the Commission's approval, the Enterprise Agreement was formally recognised, and the terms and conditions it contained became binding on the parties involved. The decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement for the specified period.

Tyco Australia Pty Ltd T/A Wormald

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established