DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A Wormald
(AG2015/6627)

WORMALD FST ALARMS AGREEMENT SOUTH AUSTRALIA 2015 - 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Wormald FST Alarms Agreement South Australia 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wormald FST Alarms Agreement South Australia 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] 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 10 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Tyco Australia Pty Ltd trading as Wormald, applied for approval of the Wormald FST Alarms Agreement South Australia 2015-2018. The agreement was made under section 188 of the Fair Work Act 2009 and was made by the applicant and the Electrical Trades Union of Australia. The dispute centred around the provisions of the proposed agreement, which included terms and conditions for employees in the fire safety and security alarm sector in South Australia.

The central legal issues before the Commission were whether the agreement was a "good faith" agreement as required under section 235(1)(a) of the Fair Work Act 2009 and whether the agreement met the "better off overall test" as per section 235(1)(b). The Commission needed to determine if the agreement provided employees with outcomes no less favourable than the applicable award or safety net provisions and if the agreement was made in good faith. Additionally, the Commission had to consider if the agreement complied with the "in writing" requirement under section 227 of the Act.

The Fair Work Commission found that the agreement was made in good faith and met the better off overall test. The Commission was satisfied that the agreement provided employees with outcomes that were at least as favourable as the applicable safety net provisions. The terms and conditions of the agreement, including wages, leave entitlements, and other benefits, were deemed to be no less favourable than the applicable award or safety net provisions. The Commission also noted that the agreement was in writing and complied with the statutory requirements. Consequently, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009.

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