Tyco Australia T/A Wormald

[2013] FWCA 9491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Australia T/A Wormald
(AG2013/11495)

2013 TO 2016 WORMALD ROCKHAMPTON & GLADSTONE FIRE EQUIPMENT ENTERPRISE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 DECEMBER 2013

Application for approval of the 2013 to 2016 Wormald Rockhampton & Gladstone Fire Equipment Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2013 to 2016 Wormald Rockhampton & Gladstone Fire Equipment Enterprise Agreement (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia t/as Wormald. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 22 November 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 4 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tyco Australia, trading as Wormald, the Fair Work Commission was tasked with approving the 2013 to 2016 Wormald Rockhampton & Gladstone Fire Equipment Enterprise Agreement. The parties involved were the employer, Tyco Australia, and the employees represented by the Queensland Council of Unions. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, with particular focus on wage rates, allowances, and other employment conditions for the employees covered by the agreement.

The central legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of ensuring that it was in the best interests of the employees and did not discriminate against any group of employees. The Commission also had to consider whether the agreement provided for a fair and reasonable set of terms and conditions that balanced the interests of both the employer and employees.

The Commission found that the proposed agreement was fair and reasonable, taking into account the evidence presented by both parties and the broader economic context. The Commission noted that the agreement provided for reasonable wage increases, as well as other employment conditions that were consistent with industry standards. The Commission was satisfied that the agreement did not contain any discriminatory provisions and that it was in the best interests of the employees. Consequently, the Commission approved the 2013 to 2016 Wormald Rockhampton & Gladstone Fire Equipment Enterprise Agreement.

In approving the agreement, the Commission made specific orders regarding the terms and conditions of employment for the employees covered by the agreement. These orders included the approval of wage rates, allowances, and other employment conditions as outlined in the agreement. The Commission also made orders regarding the duration of the agreement and the process for making any future changes to the agreement. Overall, the Commission's decision provides certainty and stability for both the employer and employees in relation to the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established