Wormald Australia Pty Ltd

[2024] FWCA 2845

[2024] FWCA 2845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Ltd

(AG2024/2661)

WORMALD NSW FIRE EQUIPMENT AND FIXED SYSTEMS TESTING ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 AUGUST 2024

Application for approval of the Wormald NSW Fire Equipment and Fixed Systems Testing Enterprise Agreement 2024 - 2027

Introduction

1. Wormald Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wormald NSW Fire Equipment and Fixed Systems Testing Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Delegates’ Rights Term

1. The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Appendix 4.

Model Flexibility Term

1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term can be found in Appendix 5.

Model Consultation Terms

1. The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement. A copy of the model consultation terms can be found in Appendix 6

Section 190 Undertakings

1. The employer provided written undertakings. A copy of the undertakings is attached in Appendix 3. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to 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.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2024. The nominal expiry date of the Agreement is 9 August 2027.

DEPUTY PRESIDENT

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