Wormald Australia Pty Ltd T/A Wormald Summary

[2022] FWCA 4499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2022/5061)

Wormald Hervey Bay 2022-2025 Enterprise Agreement

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Wormald Hervey Bay 2022-2025 Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Wormald Hervey Bay 2022-2025 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 Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

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.

I note that clause 12 may be inconsistent with the National Employment Standards. Given the written undertakings provided, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 18 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, sought approval of the Wormald Hervey Bay 2022-2025 Enterprise Agreement from the Fair Work Commission. The dispute centered on whether the agreement met the requirements of Australian labour law, specifically the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was fairly and properly negotiated and that it complied with the Fair Work Act’s provisions regarding enterprise agreements.

The central legal issue was whether the agreement was genuinely negotiated, as required by the Fair Work Act. This involved examining the process through which the agreement was developed and whether it reflected the genuine give-and-take of negotiations between the employer and the employees. Additionally, the court had to determine if the agreement contained all the mandated terms and conditions as outlined in the Act, including minimum rates of pay, classification of employees, and other workplace standards. The Commission also assessed whether the agreement met the ‘better off overall test,’ ensuring that employees were not disadvantaged by the terms of the new agreement compared to their previous conditions.

After reviewing the evidence and arguments presented, the Fair Work Commission concluded that the Wormald Hervey Bay 2022-2025 Enterprise Agreement was genuinely negotiated and met all legal requirements. The Commission found that the process of negotiation was fair and that the agreement contained all necessary terms and conditions. It also determined that the agreement passed the better off overall test, providing employees with adequate protection and benefits. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Wormald Hervey Bay 2022-2025 Enterprise Agreement be approved and registered under the Fair Work Act. The agreement was to commence on the date of registration and would be binding on all parties involved. This decision affirmed the agreement as a legally enforceable contract between Wormald Australia Pty Ltd and its employees for the specified period.

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