Wormald Australia Pty Ltd

[2018] FWCA 1204

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Wormald Australia Pty Ltd

(AG2017/6542)

Wormald (WA) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia - 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for variation of the Wormald WA and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia - 2016-2019.

An application has been made for approval of a variation to the Wormald WA and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Western Australia - 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.

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 was a party involved in an application to the Fair Work Commission, seeking variation of the existing Enterprise Agreement between the company and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection for the period 2016-2019. The dispute centred around the need for amendments to the existing agreement to reflect changes in the business environment and operational requirements. The Fair Work Commission was tasked with determining whether the proposed variations were reasonable and necessary, given the context of the agreement and the interests of the employees involved.

The legal issues before the Commission included whether the proposed changes to the agreement were justifiable in light of significant shifts in the industry, and if the process for seeking these variations complied with the requirements of the Fair Work Act 2009. Additionally, the Commission had to consider whether the proposed amendments adequately balanced the interests of both the employer and the employees. The arguments from both parties were carefully examined to assess whether the changes proposed were fair and reasonable, and if they met the threshold for being deemed necessary.

In reaching its decision, the Commission considered the evidence presented by both parties and the broader economic context. The Commission determined that the proposed variations were necessary to address the evolving business environment and operational needs. The process undertaken by the employer to seek these variations was deemed to comply with the statutory requirements, and the changes were found to be reasonable and fair. Consequently, the Fair Work Commission approved the application for variation, allowing the changes to be incorporated into the existing Enterprise Agreement. This decision ensures that the agreement remains relevant and effective in addressing the current realities of the industry and the needs of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established