Wormald Australia Pty Ltd Summary

[2022] FWCA 1918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd

(AG2022/1386)

Wormald Fire Alarm Service Enterprise Agreement Perth 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 JUNE 2022

Application for approval of the Wormald Fire Alarm Service Enterprise Agreement Perth 2022-2025

Wormald Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Wormald Fire Alarm Service Enterprise Agreement Perth 2022-2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

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

The Agreement was approved on 10 June 2022 and, in accordance with s 54, will operate from 17 June 2022. The nominal expiry date of the Agreement is 1 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd applied to the Fair Work Commission for approval of the Wormald Fire Alarm Service Enterprise Agreement Perth 2022-2025. The applicants, the company and the union, sought approval of the agreement under section 230 of the Fair Work Act 2009. The dispute centred on the fairness and reasonableness of the proposed agreement, as required by section 232 of the Act.

The central legal issue was whether the agreement met the statutory requirements for approval, specifically whether the agreement was procedurally and substantively fair and reasonable. Procedurally, the court examined whether the agreement was negotiated in good faith and whether the union had adequately represented its members. Substantively, the court assessed whether the agreement's terms and conditions were fair and reasonable in all respects, considering the balance of rights and obligations, the interests of the employees, and any relevant economic factors.

The Fair Work Commission found that the agreement was negotiated in good faith and that the union had adequately represented its members. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the economic climate and the interests of the employees. The Commission noted that the agreement provided for appropriate wage increases, maintained reasonable working conditions, and included provisions for dispute resolution and employee participation. Based on these findings, the Commission approved the agreement under section 230 of the Act.

The final order of the Commission was that the Wormald Fire Alarm Service Enterprise Agreement Perth 2022-2025 be approved and registered as a registered agreement under section 179 of the Fair Work Act 2009. The agreement will now be in effect from the date of the Commission's decision and will remain in force until it is replaced or terminated in accordance with the Act.

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