DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Aust Pty Ltd T/A Wormald
(AG2020/3150)

WORMALD ACT ELECTRICAL SERVICE ENTERPRISE AGREEMENT 2020 - 2023

Fire fighting services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2020

Application for approval of the Wormald ACT Electrical Service Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Wormald ACT Electrical Service Enterprise Agreement 2020-2023 (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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2020. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Aust Pty Ltd, trading as Wormald, sought approval of the Wormald ACT Electrical Service Enterprise Agreement 2020-2023 from the Fair Work Commission. The agreement was between Wormald, a company operating in the electrical services sector in the Australian Capital Territory, and the Electrical Trades Union of Australia, representing the employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement and whether they met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was consistent with the provisions of the Fair Work Act, particularly whether it provided for terms and conditions of employment that met the "better off overall test." The Commission also had to consider if the agreement was appropriately negotiated, if it provided for appropriate minimum rates of pay, and whether it was consistent with the national employment standards.

The Fair Work Commission examined the evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission found that the agreement had been appropriately negotiated and met the better off overall test, providing employees with a fair balance of benefits and detriments. The Commission also determined that the agreement contained adequate provisions for minimum rates of pay and adhered to the national employment standards. Consequently, the Commission approved the agreement.

The Fair Work Commission's approval of the Wormald ACT Electrical Service Enterprise Agreement 2020-2023 was based on the evidence provided and the determination that the agreement met the legal requirements under the Fair Work Act. The agreement was thus accepted as a valid enterprise agreement.

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