Wormald Australia Pty Ltd

[2025] FWCA 2671

[2025] FWCA 2671

The attached document replaces the document previously issued with the above code on 11 August 2025.

Undertakings attached to end of Decision

Associate to Deputy President O’Keeffe

Dated 11 August 2025

[2025] FWCA 2671 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd

(AG2025/2366)

WORMALD FIRE ALARM SERVICE ENTERPRISE AGREEMENT PERTH 2025 - 2028

Electrical contracting industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 11 AUGUST 2025

Application for approval of the Wormald Fire Alarm Service Enterprise Agreement Perth 2025 - 2028

1. An application has been made for approval of an enterprise agreement known as the Wormald Fire Alarm Service Enterprise Agreement Perth 2025 - 2028 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 April 2025 and the Agreement was made on 15 July 2025 Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division, WA) (the CEPU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings. 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.

1. The Agreement did not expressly provide for a delegates’ rights term. Consistent with s.205A of the Act, the delegates’ rights clause from the Electrical, Electronic and Communications Contracting Award 2020 has been inserted as a term of the Agreement.

1. The Agreement did not contain a consultation term as required by s.205 of the Act. As a consequence, the model consultation term as decided by the Full Bench in AG2024/3503 has been included as a term of the Agreement.

1. The CEPU raised two issues with respect to the Agreement.  The first related to the vote process and the use of Survey Monkey.  The CEPU submitted that the FWC could not be satisfied that the employer was not able to ascertain how employees had voted.  I raised this with the Applicant and considered the response provided.  I formed a view that the CEPU’s concern was addressed and wrote to parties as follows:

“With respect to the use of Survey Monkey.  Mr Cunneen has signed a declaration (ie. the Form F17B) declaring that when using Survey Monkey the Applicant ensured “all relevant options were taken to ensure confidentiality and anonymity for voting.”  Mr Cunneen has also provided screen shots of the Survey Monkey vote result which do not identify employees but simply show whether the unnamed / unidentified employee voted yes or no.  This does not appear to allow the employer to ascertain how any particular person voted.  Between these screen shots and the declaration – which is made acknowledging that providing any false or misleading information in such a declaration can lead to up to 12 months in prison – the Deputy President believes he can be satisfied that the requirements of s.188(1) and Principle 15(a) have been met.”

1. The second concern related to the superannuation payment expressed in the Agreement as being compensation for the employees not having a 36-hour working week.  The CEPU submitted that the amount of the allowance was not sufficient to reimburse employees for working a 38-hour week.  I advised the parties that the Award does not confer a 36-hour week and, taken globally, employees are clearly better off under the Agreement.  As such, the amount of the allowance was a matter for bargaining and did not prevent approval.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division, WA) 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division, WA).

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 29 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530021  PR790560>

ANNEXURE A