Wormald Australia Pty Limited Summary

[2025] FWCA 1086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Limited

(AG2025/689)

WORMALD BRISBANE, GOLD COAST AND SUNSHINE COAST FIRE ALARM SERVICE ENTERPRISE AGREEMENT 2024-2027

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 28 MARCH 2025

Application for approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wormald Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2024-2027. The applicants were Wormald Australia Pty Limited and the Electrical Trades Union of Australia, while the respondents were the Australian Education Union and the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements and workplace relations in Australia.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it was appropriate to approve the agreement. The Commission considered whether the agreement met the requirements of the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and good faith bargaining. The Commission also examined whether the agreement was likely to have a detrimental effect on the financial viability of the business and whether it adequately protected the interests of the employees.

The Commission found that the proposed enterprise agreement was fair and reasonable and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a mix of fixed-term and permanent positions, with provisions for transitioning fixed-term employees to permanent positions. The Commission also found that the agreement provided for reasonable pay rates and conditions, and that the parties had engaged in good faith bargaining. The Commission concluded that the agreement was not likely to have a detrimental effect on the financial viability of the business and that it adequately protected the interests of the employees. The Commission approved the agreement, which will now be binding on the parties for the period of 2024-2027.

The Fair Work Commission approved the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2024-2027. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the relevant employees. The Commission's decision provides certainty for both the employer and employees and ensures that the agreement meets the requirements of the Fair Work Act.

Wormald Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established