Wormald Australia Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald Security Sydney, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question pertains to the period 2024-2027 and was negotiated between the employer and the employees. The matter was heard in the Fair Work Commission, a specialist body under Australian industrial relations law. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including the provisions relating to the making of enterprise agreements and the process for their approval.

The legal issues before the Commission were whether the agreement was genuinely a bargain between the employer and the employees, whether it had been made in good faith, and whether it complied with the minimum terms and conditions set out in the relevant laws. Furthermore, the Commission had to assess whether the agreement provided for a safety net of minimum terms and conditions for employees, and whether it met the criteria for being a single, integrated agreement. The negotiation process and the manner in which the agreement was presented to the employees were also scrutinised.

The Fair Work Commission found that the proposed agreement was indeed a genuine bargain between the employer and the employees, made in good faith. The Commission considered the evidence presented regarding the negotiation process and concluded that it met the legal standards. The agreement was found to provide for a safety net of minimum terms and conditions, and it was a single, integrated agreement as required by the Act. The Commission also confirmed that the agreement complied with all the statutory requirements for approval.

Accordingly, the Commission approved the Wormald Australia Pty Ltd t/as Wormald Security Sydney Enterprise Agreement 2024-2027. This decision ensures that the agreement will serve as the basis for the employment terms and conditions between the parties for the specified period. The approval is subject to the parties adhering to the terms and conditions outlined in the agreement and any applicable laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established