Wormald Australia Pty Ltd

[2024] FWCA 1780 [Note: a validation has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd

(AG2024/1489)

WORMALD AND CEPU - PLUMBING DIVISION / WORMALD SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT NEWCASTLE 2024-2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MAY 2024

Application for approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2024-2026

Wormald Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 15 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of an enterprise agreement. The applicant, a company in the plumbing and fire protection industry, proposed the agreement with the CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2024-2026. The primary concern of the case was whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and if it appropriately addressed the terms and conditions of employment for the relevant employees.

The court needed to determine whether the agreement met the criteria for a valid enterprise agreement. This involved scrutinising the process by which the agreement was formed, including whether it was genuinely negotiated between the employer and the employees' representative. The court also had to assess if the agreement contained the mandatory terms prescribed by the Fair Work Act and whether it was fair and reasonable in its entirety. Additionally, the court examined if the agreement adequately addressed the employment conditions and did not unfairly discriminate against any group of employees.

In reaching its decision, the Fair Work Commission thoroughly reviewed the proposed agreement, considering the evidence provided by both parties. The court found that the agreement had been genuinely negotiated and contained all the mandatory terms as required by the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific needs and circumstances of the employees. Consequently, the court approved the enterprise agreement, recognising it as a valid and binding contract between the employer and the employees. The final orders confirmed the approval of the agreement, effective from 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