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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd sought approval for the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the workers, and that it complied with the relevant provisions of the Act. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement was not in the best interests of the workers, and that it did not comply with the relevant provisions of the Act.

The court considered the relevant provisions of the Fair Work Act 2009, including section 232, which requires that an enterprise agreement be in the best interests of the workers, and section 233, which sets out the criteria for approval of an enterprise agreement. The court considered the evidence presented by both parties and made findings on the relevant issues. The court found that the agreement was in the best interests of the workers and that it complied with the relevant provisions of the Act.

The court approved the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2020-2023, and made orders accordingly. The court found that the agreement was appropriate for the workers, and that it complied with the relevant provisions of the Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not have an adverse effect on the workers' health and safety. The court also found that the agreement was not contrary to public policy, and that it did not have an adverse effect on the operation of other enterprise agreements. The court approved the agreement, and made orders accordingly.

Wormald Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established