DECISION

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

Wormald Aust Pty Ltd T/A Wormald
(AG2020/2482)

WORMALD MACKAY BRANCH FIRE ALARM/ ELECTRICAL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 15 SEPTEMBER 2020

Application for approval of the Wormald Mackay Fire Alarm / Electrical Enterprise Agreement 2020-2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Wormald Aust Pty Ltd T/A Wormald (the Application) for approval of the Wormald Mackay Branch Fire Alarm/ Electrical Enterprise Agreement 2020-2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] The matter was listed for eHearing on 14 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[3] It is noted the flexibility term at clause 34 and the consultation term at clause 35 do not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term and model consultation term set out in the Fair Work Regulations 2009 are taken to be a term of the Agreement.

[4] Subject to the matter raised at paragraph [3], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2020. The nominal expiry date is 1 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Wormald Aust Pty Ltd, trading as Wormald, sought approval of the Wormald Mackay Fire Alarm/Electrical Enterprise Agreement 2020-2023 in the Fair Work Commission. The dispute centred on the terms and conditions of employment for the employees of Wormald, a company operating in the electrical and fire alarm sector, and the proposed enterprise agreement which aimed to formalise these terms over the specified period. The Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved scrutinising the agreement to ensure it was a genuine enterprise agreement, was made in good faith, and did not undermine the safety net of minimum terms and conditions. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees involved.

The Commission found that the proposed enterprise agreement complied with the statutory requirements. It concluded that the agreement was a genuine enterprise agreement made in good faith and did not undermine the safety net of minimum terms and conditions. The terms and conditions were considered fair and reasonable, providing for appropriate remuneration and conditions for the employees. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the legislative requirements. As a result, the agreement was registered and will govern the terms and conditions of employment for the specified period.

Wormald Aust 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