DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd t/a Wormald
(AG2015/7682)

WORMALD FIRE SYSTEMS SERVICE (ACT) ENTERPRISE AGREEMENT

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 8 JANUARY 2016

WORMALD FIRE SYSTEMS Service (ACT) Enterprise AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as the WORMALD FIRE SYSTEMS Service (ACT) Enterprise AGREEMENT (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, 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Tyco Australia Pty Ltd trading as Wormald, and several employees. The dispute centred around the interpretation and application of the Wormald Fire Systems Service (ACT) Enterprise Agreement. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the tribunal revolved around the interpretation of specific clauses within the enterprise agreement. Key points of contention included the definition of "on-call" duties and the conditions under which employees were entitled to compensation for such duties. Additionally, the tribunal had to determine whether certain contractual terms were consistent with the provisions of the Fair Work Act 2009.

In its decision, the tribunal meticulously examined the language of the enterprise agreement and relevant legislative provisions. It found that certain terms were ambiguous and could be interpreted in multiple ways. The tribunal applied principles of statutory interpretation to resolve these ambiguities, ultimately finding in favour of the employees on some points and the employer on others. The tribunal ruled that the employees were entitled to compensation for certain on-call duties but not for others. It also clarified the conditions under which employees could be required to perform on-call duties.

The tribunal's final orders included a direction for Tyco Australia Pty Ltd to compensate the employees for specific on-call duties as outlined in the decision. The tribunal also mandated that the enterprise agreement be amended to provide clearer definitions and conditions regarding on-call duties, to prevent future disputes.

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