DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/7484)

WORMALD BRISBANE, GOLD COAST AND SUNSHINE COAST FIRE ALARM SERVICE ENTERPRISE AGREEMENT - 2015 - 2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement - 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Brisbane, Gold Coast and Sunshine Coast 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2015. The nominal expiry date of the Agreement is 17 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement, 2015-2018, the applicants were represented by Mr. A.J. Kelly of the Australian Workers' Union, and the respondents by Mr. A.J. Ryan of the law firm HWL Ebsworth. The application was heard in the Fair Work Commission, presided over by Deputy President M.E. Bennett.

The central issue before the commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved examining whether the agreement was in the best interests of the employees, free from coercion, and had been negotiated in good faith. The respondents, represented by Mr. Ryan, argued that certain provisions of the agreement were unfair and not reflective of the bargaining process. The applicants, represented by Mr. Kelly, contended that the agreement was a fair reflection of the negotiations and was in the best interests of the employees.

The commission found that the applicants had demonstrated that the agreement was negotiated in good faith and was in the best interests of the employees. Deputy President Bennett noted that the agreement contained provisions that were reasonable and fair, taking into account the nature of the work and the interests of both parties. The commission also found that there was no evidence of coercion or undue influence in the negotiation process. Consequently, the commission approved the enterprise agreement, finding that it met the necessary statutory criteria.

The final orders of the commission were that the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement, 2015-2018, be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would remain in force until the specified expiry date, subject to the provisions of the Act.

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