DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd
(AG2019/2052)

WORMALD ROCKHAMPTON & GLADSTONE FIRE ALARM SERVICE ENTERPRISE AGREEMENT 2015-2018

Fire fighting services
DEPUTY PRESIDENT COLMAN	SYDNEY, 22 AUGUST 2019

Application for approval of the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018

[1] Wormald Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 August 2019 and, in accordance with s 54, will operate from 29 August 2019. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd applied to the Fair Work Commission for approval of the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018. The application was made pursuant to section 232 of the Fair Work Act 2009. The parties involved were Wormald Australia Pty Ltd and the Electrical Trades Union of Australia. The nature of the dispute was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained all the required terms and conditions, and if it met the 'better off overall test'. The Commission had to determine if the agreement provided employees with pay and conditions that were no less favourable than those provided for under the applicable award or safety net. Additionally, the Commission had to consider if the agreement was made in good faith and if it complied with the 'independent advice' requirement.

The Commission found that the agreement contained all the required terms and conditions and met the 'better off overall test'. The agreement provided employees with pay and conditions that were no less favourable than those provided for under the applicable award or safety net. The Commission also found that the agreement was made in good faith and complied with the 'independent advice' requirement. The application for approval was therefore approved. The Commission noted that the agreement included provisions for dispute resolution, termination of employment, and consultation, among other things. The Commission was satisfied that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009.

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