Wormald Australia Pty Ltd
[2024] FWCA 2672
•18 JULY 2024
| [2024] FWCA 2672 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Wormald Australia Pty Ltd
(AG2024/2491)
WORMALD AUSTRALIA PTY LTD T/AS WORMALD SECURITY SYDNEY ENTERPRISE AGREEMENT 2024-2027
| Electrical industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 18 JULY 2024 |
Application for approval of the Wormald Australia Pty Ltd t/as Wormald Security Sydney Enterprise Agreement 2024-2027
Introduction
Wormald Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wormald Australia Pty Ltd t/as Wormald Security Sydney 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.
Consultation about changes to rosters or hours of work
The Agreement does not contain a clause in relation to changes to rosters or hours of work. Clause 1.3 of the Agreement provides that the Agreement incorporates the terms of the Electrical, Electronic and Communication Contracting Award 2020 (the Award). As such clause 28 of the Award, which deals with consultation about changes to rosters or hours of work, is taken to be a term of the Agreement.
Delegates’ Rights Term
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 and clause 1.3 of the Agreement, 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 7.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Appendix 6. 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
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
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2024. The nominal expiry date of the Agreement is 25 July 2027.
DEPUTY PRESIDENT
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