Wormald Australia Pty Ltd T/A Wormald Summary

[2023] FWCA 1235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2023/936)

WORMALD FIRE EQUIPMENT SERVICE AND SALES DIVISION SYDNEY AGREEMENT 2023-2027

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 1 MAY 2023

Application for approval of the Wormald Fire Equipment service and sales division Sydney agreement 2023 - 2027

Wormald Australia Pty Ltd T/A Wormald has applied for approval of a single enterprise agreement known as the Wormald Fire Equipment service and sales division Sydney agreement 2023 - 2027 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 8 May 2023. The nominal expiry date of the Agreement is 4 April 2027.

The flexibility and consultation terms in the Agreement do not contain all of the prescribed content. The model flexibility and model consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, brought an application to the Federal Circuit and Family Court for the approval of the Wormald Fire Equipment service and sales division Sydney agreement 2023-2027. The application was made under the Fair Work Act 2009, seeking to have the proposed enterprise agreement recognised as a modern award. The application was opposed by the Fire Brigades Union of Australia.

The court was tasked with determining whether the proposed agreement met the statutory criteria for approval, including whether it contained only matters that could be the subject of an enterprise agreement, whether it was a genuine enterprise agreement, and whether it provided for the proper operation of businesses. Additionally, the court had to consider the potential impact of the agreement on the workforce and whether it provided for the appropriate balance of interests between employers and employees.

The court examined the proposed agreement in detail, focusing on its provisions regarding wages, working conditions, and other employment-related matters. The court found that the agreement was comprehensive and covered a wide range of issues that were appropriate for negotiation at the enterprise level. The court also found that the agreement provided for the proper operation of the business and was a genuine enterprise agreement. The court was satisfied that the agreement provided for an appropriate balance of interests between employers and employees, taking into account the potential impact on the workforce.

The court approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions regarding wages and working conditions to ensure that they were fair and reasonable. The court noted that the modifications were minor and did not undermine the overall purpose of the agreement. The court also noted that the parties had demonstrated a commitment to resolving any issues that arose during the term of the agreement through the existing dispute resolution mechanisms.

Wormald Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established