Wormald Australia Pty Ltd T/A Wormald

[2022] FWCA 3332

[2022] FWCA 3332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2022/3763)

Wormald Newcastle Service Fire Alarms Division 2022-2025 Enterprise Agreement

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 26 SEPTEMBER 2022

Application for approval of the Wormald Newcastle Service Fire Alarms Division 2022-2025 Enterprise Agreement

1. Wormald Australia Pty Ltd T/A Wormald (the Employer) has made an application for approval of an enterprise agreement known as the Wormald Newcastle Service Fire Alarms Division 2022-2025 Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 12 - Deduction

• Clause 30 – Public Holidays

• Appendix 3, Clause 2.3 – Termination

• Appendix 3 – Redundancy

• Appendix 3, Clause 3

However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 26 September 2022 and, in accordance with s.54, will operate from 3 October 2022. The nominal expiry date of the Agreement is 3 October 2025.

COMMISSIONER

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Annexure A