Wormald Australia Pty Ltd Summary

[2018] FWCA 1202

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Wormald Australia Pty Ltd

(AG2017/6276)

Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Service 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for variation of the Wormald and CEPU - Plumbing Division Sprinkler Pipe Fitting / Fire Protection Enterprise Agreement Sydney Service 2016 - 2019.

An application has been made for approval of a variation to the Wormald and CEPU -Plumbing Division Sprinkler Pipe Fitting / Fire Protection Enterprise Agreement Sydney Service 2016 - 2019 (the Agreement). The application was made by Wormald Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

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.211 and 212 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 26 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, a company in the plumbing and fire protection industry, brought an application before the Fair Work Commission to vary the Plumbing Division Sprinkler Pipe Fitting / Fire Protection Enterprise Agreement Sydney Service 2016 - 2019 with the Construction, Forestry, Maritime, Mining and Energy Union (CEFPU). The dispute arose due to changes in the industry and the parties' circumstances, prompting Wormald to seek amendments to the existing agreement.

The primary legal issue before the commission was whether the proposed changes to the agreement were justified and reasonable. The commission had to assess the changes in the context of the agreement's objectives, the parties' bargaining power, and the need to maintain a fair and equitable balance between the parties' interests. Wormald argued that the changes were necessary to address the evolving nature of the industry and to maintain competitiveness, while the CEPU contended that the proposed changes would undermine the rights and conditions of the employees.

In its decision, the commission found that the proposed changes were necessary and reasonable to reflect the changes in the industry and to ensure the continued competitiveness of Wormald. The commission considered the parties' bargaining power, the objectives of the agreement, and the need to maintain a fair and equitable balance between the parties' interests. The commission also took into account the parties' submissions and the evidence presented during the hearing. Based on these considerations, the commission accepted the proposed changes and varied the agreement accordingly.

The commission's final orders included the variation of the enterprise agreement to reflect the changes proposed by Wormald. The changes encompassed various aspects of the agreement, including hours of work, shift patterns, and the introduction of new technology. The commission also ordered that the varied agreement would be registered and would have effect from the date of the decision.

Wormald Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established