Wormald Australia Pty Ltd

[2021] FWCA 1429

[2021] FWCA 1429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd
(AG2021/4087)

WORMALD SYDNEY FIRE ALARM EMERGENCY SERVICE ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT DEAN	SYDNEY, 17 MARCH 2021

Application for approval of the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Sydney Fire Alarm Emergency 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 Australia Pty Ltd. 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

[6] The Agreement contained a typographical error at clause 32 and the Applicant has filed an amended Agreement page rectifying the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

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<AE510777  PR727829>

Annexure A