DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/6735)

WORMALD PORTABLE SERVICE AND SALES DIVISION PERTH ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Tyco Australia Pty Limited trading as Wormald Portable Service and Sales Division Perth Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Tyco Australia Pty Limited trading as Wormald Portable Service and Sales Division Perth 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2015. 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

Tyco Australia Pty Ltd, trading as Wormald Portable Service and Sales Division Perth, applied to the Fair Work Commission for approval of the Portable Service and Sales Division Perth Enterprise Agreement 2015-2018. The application was made under the Fair Work Act 2009, and the dispute arose due to disagreements over the terms of the proposed agreement, which aimed to regulate the employment conditions of certain employees within the company's Portable Service and Sales Division in Perth. The Commission, presided over by Commissioner K.J. Harbrow, was tasked with determining whether the agreement met the criteria for approval as a modern award.

The primary legal issue before the Commission was whether the agreement contained terms that were consistent with the requirements of a modern award under the Fair Work Act. This involved assessing whether the agreement met the "better off overall test" and whether it contained terms that were not less favourable than the applicable modern award. The Commission had to consider whether the proposed agreement would provide employees with benefits that were at least as good as, or better than, those provided by the relevant modern award, while also ensuring that the agreement did not contain terms that were overly disadvantageous to employees.

The Commission found that the proposed agreement met the requirements for approval. The agreement was deemed to be at least as good as, if not better than, the applicable modern award, as it provided for terms that were more favourable to employees in certain respects, such as additional leave provisions and improved redundancy payments. The Commission also noted that the agreement contained no terms that were less favourable than the modern award and that it met the better off overall test. Consequently, the Commission approved the application for the agreement to be registered under the Fair Work Act.

The final order of the Commission was that the Portable Service and Sales Division Perth Enterprise Agreement 2015-2018 be approved and registered under the Fair Work Act. This decision ensures that the agreement will now serve as the governing document for the employment conditions of the relevant employees within Tyco Australia Pty Ltd's Portable Service and Sales Division in Perth, providing them with the benefits outlined in the approved agreement.

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