Wormald Australia Pty Ltd

[2025] FWCA 1897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd

(AG2025/1651)

WORMALD SYDNEY EMERGENCY LIGHTING ENTERPRISE AGREEMENT 2025 - 2028

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 6 JUNE 2025

Application for approval of the Wormald Sydney Emergency Lighting Enterprise Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Wormald Sydney Emergency Lighting Enterprise Agreement 2025 - 2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Wormald Australia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement incorporates the Electrical, Electronic and Communications Contracting Award 2020 (Award) and relies on the minimum conditions in the National Employment Standards for leave and other relevant entitlements.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was proposed between Wormald and its employees, represented by the Electrical Trades Union of Australia. The dispute arose due to disagreements over the terms of the agreement, specifically concerning the pay rates and conditions for employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issue was whether the proposed enterprise agreement complied with the Fair Work Act 2009. This involved examining if the agreement was genuinely negotiated, met the "better off overall test" and was not contrary to public policy. The agreement's provisions on pay rates, working hours, and conditions were scrutinised to ensure they were fair and reasonable.

In delivering its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and met the "better off overall test." The Commission determined that the agreement's terms were fair and reasonable, and did not contravene any public policy. Consequently, the Commission approved the enterprise agreement, recognising its benefits for both the employer and the employees.

The Fair Work Commission ordered that the Wormald Sydney Emergency Lighting Enterprise Agreement 2025-2028 be approved and registered. This decision confirmed the agreement's validity, allowing it to come into effect and govern the employment relationship between Wormald and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established