Tyco Australia T/A Wormald Summary

[2013] FWCA 6012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia T/A Wormald
(AG2013/7703)

WORMALD, BRISBANE, QLD (A TYCO INTERNATIONAL COMPANY) PORTABLE FIRE EQUIPMENT DIVISION ENTERPRISE AGREEMENT FOR QLD, 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 AUGUST 2013

Application for approval of the Wormald, Brisbane, QLD (a Tyco International Company) Portable Fire Equipment Division Enterprise Agreement for QLD, 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Wormald, Brisbane, QLD (a Tyco International Company) Portable Fire Equipment Division Enterprise Agreement for QLD, 2013-2016 (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 16 August 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 30 August 2013. The nominal expiry date of the Agreement is 30 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of an enterprise agreement for the Portable Fire Equipment Division of Wormald, a Queensland-based company under Tyco International. The applicant, representing the employees, sought the Commission's approval of the agreement, which outlined terms and conditions of employment for the period 2013-2016. The legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the fairness of its terms.

The Commission examined the negotiation process, considering whether the agreement was genuinely negotiated and if there was adequate consultation with employee representatives. It also evaluated the substantive terms of the agreement to ensure they met the 'better off overall test'. The test requires that employees be no worse off financially and, where possible, better off overall compared to their previous conditions. The Commission assessed various aspects of the agreement, including wages, leave entitlements, and other employment conditions.

The Commission concluded that the agreement was genuinely negotiated and met the requirements of the Act. It found that the negotiation process was robust, with evidence of meaningful consultation and consideration of employee representatives' input. Furthermore, the substantive terms of the agreement were deemed fair, with employees being better off overall in several respects. The Commission approved the enterprise agreement, noting that it provided a balanced and fair framework for the employees' terms and conditions of employment.

In approving the agreement, the Commission made orders formalising the approval and setting out the terms of the agreement. The orders provided that the agreement would be registered and enforceable, effective from the date of the Commission's decision. This decision ensures that the Portable Fire Equipment Division of Wormald has a clear and legally binding enterprise agreement in place, governing the employment terms of its Queensland-based employees.

Tyco Australia T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established