DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/7866)

WORMALD FIRE ALARM TESTING ENTERPRISE AGREEMENT, PERTH 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Wormald Fire Alarm Testing Enterprise Agreement, Perth 2015-2018

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Wormald Fire Alarm Testing Enterprise Agreement, Perth 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Tyco Australia Pty Ltd trading as Wormald, the applicant sought approval of the Wormald Fire Alarm Testing Enterprise Agreement, Perth 2015-2018. The dispute arose within the Fair Work Commission, focusing on whether the proposed agreement met the requirements of the Fair Work Act 2009. The court was required to consider various aspects of the agreement, including its coverage, terms, and compliance with the Act. The central issue was whether the agreement fairly represented the interests of both employers and employees and whether it adhered to the legal standards set forth by the Fair Work Act.

The court examined the application meticulously, assessing whether the agreement provided for fair and reasonable terms. It considered the provisions related to employment conditions, including wages, hours of work, and other employment-related matters. The court also evaluated the process by which the agreement was negotiated and whether it was genuinely agreed upon by both parties. Additionally, the court looked into the agreement's provisions for dispute resolution, ensuring that they were fair and accessible to all employees. The court had to ensure that the agreement was not only procedurally sound but also substantively fair.

Upon thorough review, the court found that the agreement met all the necessary criteria. It determined that the terms were fair and reasonable, the negotiation process was transparent and legitimate, and the dispute resolution mechanisms were adequate. The court concluded that the agreement did not contravene any provisions of the Fair Work Act and was in the best interests of both employers and employees. Consequently, the court approved the Wormald Fire Alarm Testing Enterprise Agreement, Perth 2015-2018.

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