Tyco Australia T/A Wormald

[2013] FWCA 4802

FAIR WORK COMMISSION

DECISION

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

Tyco Australia T/A Wormald
(AG2013/7086)

WORMALD TOOWOOMBA FIRE ALARM ENTERPRISE AGREEMENT - 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 18 JULY 2013

Application for approval of the Wormald Toowoomba Fire Alarm Enterprise Agreement - 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Wormald Toowoomba Fire Alarm Enterprise Agreement - 2012-2015 (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 trading as Wormald (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyco Australia trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald Toowoomba Fire Alarm Enterprise Agreement - 2012 - 2015. The application was made under section 233 of the Fair Work Act 2009, which provides that an enterprise agreement may be approved if it meets certain criteria, including that it provides for the "resolution of any dispute between the employer and the employee in relation to the terms of the agreement".

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. In particular, the Commission had to consider whether the agreement provided for the resolution of disputes in a manner that was consistent with the Act.

The Commission found that the agreement did provide for the resolution of disputes in a manner that was consistent with the Act. The agreement included a clause that provided for the resolution of disputes through conciliation and, if necessary, arbitration. The Commission was satisfied that this clause was consistent with the requirements of the Act and that the agreement therefore met the criteria for approval.

As a result, the Commission approved the agreement under section 233 of the Fair Work Act. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established