DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd
(AG2019/1779)

NATIONAL FIRE SOLUTIONS (PERTH) AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA) FIRE PROTECTION ENTERPRISE AGREEMENT PERTH -2019-2022

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 28 JUNE 2019

Application for approval of the National Fire Solutions (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Perth -2019-2022.

[1] Application has been made for approval of a single enterprise agreement known as the National Fire Solutions (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Perth -2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wormald Australia Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd sought approval of a Fire Protection Enterprise Agreement for its Perth operations. The agreement, which was to be in effect from 2019 to 2022, was entered into between the company and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA). The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The court had to consider whether the agreement was a bona fide enterprise agreement, whether it contained the required minimum terms and conditions, and if the agreement was made in accordance with the relevant legislative provisions. The primary focus was on whether the agreement was genuinely negotiated between the parties and if it provided for the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009.

The Fair Work Commission found that the agreement was bona fide and had been genuinely negotiated between the parties. The agreement contained the required minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Additionally, the agreement was made in accordance with the legislative provisions. The Commission approved the agreement, noting the importance of the agreement in maintaining fair and harmonious industrial relations in the workplace.

In light of the findings, the Fair Work Commission approved the Fire Protection Enterprise Agreement for the period 2019-2022. The decision affirmed the importance of ensuring that enterprise agreements meet the legislative requirements and are genuinely negotiated between the parties.

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