Wormald Australia Pty Ltd T/A Wormald Summary

[2023] FWCA 390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2022/5329)

WORMALD TASMANIA AND CEPU (TASMANIAN BRANCH) ENTERPRISE SERVICE AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the WORMALD TASMANIA and CEPU (TASMANIAN BRANCH) ENTERPRISE SERVICE AGREEMENT 2022-2025

Wormald Australia Pty Ltd T/A Wormald (the Applicant) has made an application for the approval of an enterprise agreement known as the WORMALD TASMANIA and CEPU (TASMANIAN BRANCH) ENTERPRISE SERVICE AGREEMENT 2022-2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

Pursuant to section 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), 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 section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied for approval of an enterprise service agreement for the period 2022 to 2025 between itself and its Tasmanian branch, CEPU (Tasmanian Branch). The application was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it provided for the fair and equitable treatment of employees, and if it complied with the requirements for enterprise agreements under the Act.

The Commission found that the agreement had been made in good faith and provided for the fair and equitable treatment of employees. The proposed terms of the agreement were consistent with the principles of the Act, and the Commission was satisfied that the parties had engaged in genuine bargaining. The Commission also considered the economic and social context of the agreement, including the impact of the COVID-19 pandemic on the business and its employees. The Commission was satisfied that the agreement reflected the economic realities of the situation and provided for a fair outcome for both parties. The Commission approved the enterprise service agreement, subject to certain conditions and requirements, including the requirement for the parties to provide certain information and documentation to the Commission. The Commission also noted that the agreement was to be reviewed and potentially varied in the future, depending on changes in the economic and social context.

The final orders of the Commission included the approval of the enterprise service agreement, subject to certain conditions and requirements, including the requirement for the parties to provide certain information and documentation to the Commission. The Commission also noted that the agreement was to be reviewed and potentially varied in the future, depending on changes in the economic and social context. The Commission further ordered that the agreement would be registered with the Fair Work Commission and would be binding on the parties from the date of registration.

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