Wormald Australia Pty Ltd

[2022] FWCA 2798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd

(AG2022/3323)

Wormald Australia Pty Ltd ETU Enterprise Agreement 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2022

Application for approval of the Wormald Australia Pty Ltd ETU Enterprise Agreement 2022-2025

Wormald Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Wormald Australia Pty Ltd ETU Enterprise Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 17 August 2022 and, in accordance with s 54, will operate from 24 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd is a party in an application seeking approval of the Wormald Australia Pty Ltd ETU Enterprise Agreement 2022-2025. The dispute involves the terms of the proposed agreement, which aims to regulate the employment conditions between the company and its employees as represented by the ETU. The case was heard in the Fair Work Commission, an Australian federal body responsible for overseeing workplace relations and employment conditions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement included all the mandated minimum terms, was free from prohibited content, and was made in good faith. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission determined that the agreement did meet the necessary statutory criteria. It found that all required minimum terms were included, the content was free from prohibited elements, and the agreement was made in good faith. Furthermore, the Commission was satisfied that the agreement struck an appropriate balance between the interests of the employer and the employees, taking into account the specific context of the workplace. Consequently, the Commission approved the agreement under the Act.

The Fair Work Commission has approved the Wormald Australia Pty Ltd ETU Enterprise Agreement 2022-2025. This decision sets the employment conditions for the period specified, ensuring compliance with the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the employees represented by the ETU within Wormald Australia Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established