DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd t/a Wormald
(AG2015/7621)

WORMALD FIRE SYSTEMS CONTRACTING (ACT) ENTERPRISE AGREEMENT

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2016

Application for approval of the WORMALD FIRE SYSTEMS CONTRACTING (ACT) Enterprise AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as the WORMALD FIRE SYSTEMS CONTRACTING (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 13 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

In the recent decision of Tyco Australia Pty Ltd t/a Wormald, the Fair Work Commission was called upon to approve an Enterprise Agreement proposed by the employer. The dispute centred around the terms and conditions of employment as set forth in the proposed agreement, which was intended to govern the relationship between the employer and its employees in the Australian Capital Territory. The Commission's task was to ensure that the agreement complied with the requirements of the Fair Work Act 2009 and that it met the standards of procedural and substantive fairness.

The primary legal issues that the Commission had to address involved whether the proposed agreement adhered to the statutory prerequisites for approval, including whether the agreement had been negotiated in good faith, and whether it contained the mandated minimum terms and conditions. The Commission also had to assess whether the agreement would have an adverse impact on the employees' working conditions, given the existing industrial landscape. Moreover, the Commission needed to determine whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Fair Work Commission considered the submissions from both the employer and the employees' representative, as well as the evidence provided by the parties. The Commission found that the proposed agreement had been negotiated in good faith and that it met the statutory requirements for approval. The Commission determined that the agreement contained the mandated minimum terms and conditions and did not have an adverse effect on the employees' working conditions. The Commission also found that the agreement struck an appropriate balance between the interests of the employer and the employees. Accordingly, the Commission approved the proposed Enterprise Agreement, subject to certain minor modifications to address technical issues.

The Fair Work Commission's final order was that the proposed Enterprise Agreement, as modified, was approved and would be applicable to the employees of Tyco Australia Pty Ltd t/a Wormald in the Australian Capital Territory. This decision highlights the importance of ensuring that Enterprise Agreements are negotiated in good faith and that they meet the statutory requirements for approval, while also balancing the interests of both employers and employees.

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