DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A National Fire Solutions
(AG2019/1469)

WORMALD FIRE SYSTEMS CONTRACTING (ACT) ENTERPRISE AGREEMENT

Building services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 AUGUST 2019

Application for approval of the WORMALD FIRE SYSTEMS CONTRACTING (ACT) Enterprise AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as the WORMALD FIRE SYSTEMS CONTRACTING (ACT) Enterprise AGREEMENT (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 August 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as National Fire Solutions, sought approval of the Wormald Fire Systems Contracting (ACT) Enterprise Agreement. The Australian Industrial Relations Commission was the forum for this application. The dispute centred on the validity and enforceability of the enterprise agreement under the Fair Work Act 2009, specifically examining whether the agreement met the necessary criteria for approval and registration.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009, with a focus on the procedural requirements for the approval of an enterprise agreement. The court had to determine whether the agreement was made in good faith, whether it was free from any improper influence or interference, and whether it contained all the prescribed terms as mandated by the Act. Additionally, the court needed to assess whether the agreement met the "better off overall test" and whether it was supported by a majority of the employees in the relevant bargaining unit.

The court examined the evidence and submissions presented, finding that the enterprise agreement was made in good faith and without any improper influence or interference. It was also determined that the agreement included all the prescribed terms and met the better off overall test. Furthermore, the court concluded that the agreement had the support of a majority of the employees in the relevant bargaining unit. Therefore, the court approved the Wormald Fire Systems Contracting (ACT) Enterprise Agreement and ordered its registration.

The court made an order approving the Wormald Fire Systems Contracting (ACT) Enterprise Agreement and directing its registration under the Fair Work Act 2009. The agreement was deemed valid and enforceable, and the parties were bound by its terms. The decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of meeting the statutory criteria to ensure fair and effective industrial relations practices.

Wormald Australia Pty Ltd T/A National Fire Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established