DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A National Fire Solutions
(AG2019/1932)

NATIONAL FIRE SOLUTIONS (VIC) PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 2 JULY 2019

Application for approval of the National Fire Solutions (Vic) Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions (Vic) Pty Ltd and ETU Enterprise Agreement 2018-2021 (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 National Fire Solutions. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.1 - Notice

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as National Fire Solutions, made an application to the Fair Work Commission for the approval of the National Fire Solutions (Vic) Pty Ltd and ETU Enterprise Agreement 2018-2021. The application was brought under section 235 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for employees within the company, as well as the rights and obligations of both the employer and the employees' representative, the Electrical Trades Union (ETU).

The legal issues before the court were whether the enterprise agreement was in the best interests of the employees, and if it complied with the provisions of the Fair Work Act. Specifically, the court had to consider whether the agreement provided fair and reasonable terms for the employees, and whether it met the requirements for good faith bargaining and compliance with the Better Off Overall Test (BOOT). The court also examined the nature of the agreement and the bargaining process to ensure it was conducted fairly and transparently.

The Fair Work Commission approved the enterprise agreement, finding that it met the necessary legal standards. The court determined that the agreement was in the best interests of the employees and complied with the provisions of the Fair Work Act. The agreement was found to provide fair and reasonable terms for the employees, and the bargaining process was deemed to have been conducted in good faith. The court also found that the agreement met the BOOT, ensuring that employees would be better off overall under the new agreement compared to the previous conditions.

The final orders included the approval of the enterprise agreement, which would now serve as the governing document for the terms and conditions of employment for the employees of Wormald Australia Pty Ltd trading as National Fire Solutions for the period 2018-2021.

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