Wormald Australia Pty Ltd

[2022] FWCA 728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd

(AG2022/279)

Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement - 2021 - 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MARCH 2022

Application for approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement - 2021 - 2024

Wormald Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement - 2021 - 2024 (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 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 1 March 2022 and, in accordance with s 54, will operate from 8 March 2022. The nominal expiry date of the Agreement is 18 December 2024.

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 the approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement for the years 2021 to 2024. The respondent, the Electrical Trades Union of Australia, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by Deputy President Jones, who was required to determine whether the agreement was a genuine enterprise agreement within the meaning of section 172 of the Fair Work Act. Specifically, the court needed to consider whether the agreement contained the prescribed minimum terms and conditions, whether it was made in good faith, and whether it complied with the relevant procedural requirements.

The court found that the agreement contained all the prescribed minimum terms and conditions, including those relating to wages, classification, and other employment conditions. The court also found that the agreement was made in good faith and that the relevant procedural requirements were followed. The respondent's argument that the agreement did not meet the requirements of the Fair Work Act was rejected. The court found that the agreement was a genuine enterprise agreement and approved it accordingly.

The court's decision was based on a detailed analysis of the agreement and the relevant provisions of the Fair Work Act. The court found that the agreement was comprehensive and covered all the necessary terms and conditions. The court also found that the agreement was negotiated in good faith and that the relevant procedural requirements were followed. The respondent's arguments were rejected as the court found that they were not supported by the evidence.

The final orders of the court were that the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2021 - 2024 be approved as a genuine enterprise agreement. The agreement will now be registered with the Fair Work Commission and will apply to all employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established