Wormald Australia Pty Ltd T/A Wormald
[2022] FWCA 3307
•30 SEPTEMBER 2022
| [2022] FWCA 3307 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wormald Australia Pty Ltd T/A Wormald
(AG2022/3787)
National Fire Solutions (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth –2022-2025
| Plumbing industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 30 SEPTEMBER 2022 |
Application for approval of the National Fire Solutions (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth –2022-2025
Wormald Australia Pty Ltd T/A Wormald (the Employer) has made an application for approval of an enterprise agreement known as the National Fire Solutions (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Construction Agreement Perth –2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 4.2. The Employer submits that clause 4.2 omitted the day in August 2025 that was to be the nominal expiry date of the Agreement.
I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.
The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.
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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 30 September 2022 and, in accordance with s 54, will operate from 7 October 2022. The nominal expiry date of the Agreement is 1 August 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517529 PR746115>
Annexure A
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