Wormald Australia Pty Ltd T/A National Fire Solutions

[2019] FWCA 5044

[2019] FWCA 5044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Ltd T/A National Fire Solutions
(AG2019/1483)

WORMALD FIRE SYSTEMS SERVICE (ACT) ENTERPRISE AGREEMENT

Plumbing industry
COMMISSIONER SPENCER	BRISBANE, 19 JULY 2019

Application for approval of the Wormald Fire Systems Service (ACT) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Fire Systems Service (ACT) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wormald Australia Pty Ltd T/A Wormald (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicated that the Notice of Employee Representational Rights (NERR) provided to employees incorrectly identified the Agreement to which it related. In a further statutory declaration sworn by the Applicant’s Service Manager it was indicated that all employees were provided the NERR and all nominated the CEPU as their bargaining representative and that the error in the NERR did not obstruct the employees from being represented. I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of this error. 1

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[5] 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 s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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