DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd
(AG2021/4433)

WORMALD, SECURITY, SYDNEY NSW ENTERPRISE AGREEMENT 2021-2024

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2021

Application for approval of the Wormald, Security, Sydney NSW Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Wormald, Security, Sydney NSW Enterprise Agreement 2021-2024 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2021. The nominal expiry date of the Agreement is 12 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Wormald Australia Pty Ltd applied for the approval of the Wormald, Security, Sydney NSW Enterprise Agreement 2021-2024. The application was made under section 230 of the Fair Work Act 2009. The applicant sought to have the agreement made between the employer and its employees, which had been certified as a single interest employer agreement by the Fair Work Commission, approved by the Federal Circuit and Family Court of Australia. The agreement was to apply to the employees of the applicant who were members of the Australian Services Union, NSW Branch, and the Australian Manufacturing Workers Union.

The legal issues for the court to consider were whether the agreement met the criteria for approval under section 231 of the Fair Work Act, and whether it was appropriate to make an order approving the agreement. The court considered whether the agreement was procedurally fair, and whether it was in the best interests of the employees, taking into account the relevant factors set out in section 231(2) of the Act. The court also considered the nature and terms of the agreement, and whether it provided for a fair and reasonable outcome for the employees.

After considering the evidence and arguments presented by the parties, the court found that the agreement met the criteria for approval under the Act. The court was satisfied that the agreement was procedurally fair, and that it provided for a fair and reasonable outcome for the employees. The court was also satisfied that the agreement was in the best interests of the employees, taking into account the relevant factors set out in the Act. The court therefore made an order approving the agreement, which is now a registered agreement under the Fair Work Act.

The court noted that the agreement provided for a number of benefits for the employees, including a 2% wage increase each year for the duration of the agreement, improved leave provisions, and a number of other provisions relating to working conditions and dispute resolution. The court was satisfied that these benefits were reasonable and appropriate, and that the agreement provided for a fair outcome for the employees. The court also noted that the agreement provided for a streamlined dispute resolution process, which would help to ensure that any disputes that arose under the agreement were resolved efficiently and effectively.

Wormald Australia Pty Ltd

DECISION

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Legal Principle Established