DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Aust Pty Ltd T/A Wormald
(AG2018/4606)

WORMALD AUSTRALIA PTY LTD FIRE ALARMS INSTALLATION DIVISION SYDNEY NSW ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Wormald Australia Pty Ltd Fire Alarms Installation Division Sydney NSW Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Australia Pty Ltd Fire Alarms Installation Division Sydney NSW Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wormald Aust Pty Ltd T/A Wormald. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 5 February 2019 and, in accordance with s.54, will operate from 12 February 2019. The nominal expiry date of the Agreement is 5 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of the Enterprise Agreement 2018-2021. The dispute was over whether the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission heard the application. The main legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the minimum terms and conditions as mandated by the Act.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been made in good faith and contained all the minimum terms and conditions required by the Fair Work Act. The Commission noted that both parties had engaged in genuine negotiations and that the agreement reflected a fair and reasonable compromise between the employer and the employees. The Commission also found that the agreement did not contain any terms that were contrary to the public interest or that would undermine the protections provided by the Fair Work Act. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Enterprise Agreement 2018-2021 between Wormald Australia Pty Ltd and the employees of the Fire Alarms Installation Division in Sydney, NSW. The Commission found that the agreement complied with the procedural and substantive requirements of the Fair Work Act and was in the best interests of the employees. The agreement is now approved and will govern the employment conditions of the employees for the period 2018-2021.

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