Wormald Australia Pty Ltd T/A National Fire Solutions

[2019] FWCA 4821

[2019] FWCA 4821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A National Fire Solutions
(AG2019/892)

NATIONAL FIRE SOLUTIONS (QLD) FIRE ALARM MINOR WORKS SERVICE AND FIRE SYSTEMS TESTING, ENTERPRISE AGREEMENT, QLD 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 JULY 2019

Application for approval of the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wormald Australia Pty Ltd T/A National Fire Solutions (Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (Notice) issued to employees at notification time identified the Agreement as “National Fire Solutions (QLD) FIRE ALARM ENTERPRISE AGREEMENT Brisbane SEQ 2015-2018”. However, the Agreement lodged with the Fair Work Commission is titled “National Fire Solutions (QLD) Fire Alarm Minor Works Service and Systems Testing, Enterprise Agreement, QLD 2019-2022.” The amendment to the Agreement title did not alter its scope and was directed towards more precisely identifying coverage of the Agreement. In the circumstances, and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that the change to the title of the Agreement after the issuance of the Notice:

(a) constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer 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.

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

[6] The Agreement lodged contained an administrative error at clauses 1 and 36. On 1 July 2019, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 19 January 2022.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318.

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