Wormald Australia Pty Ltd T/A Wormald Summary

[2022] FWCA 1085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2022/610)

Application for approval of the Wormald (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement 2022 - 2025

Plumbing industry
COMMISSIONER WILLIAMS	PERTH, 29 MARCH 2022

An application has been made for approval of an enterprise agreement known as the Wormald (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Perth 2022 - 2025 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 (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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 1 January 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald, an employer, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU) Plumbing Division (WA), representing employees, engaged in a dispute concerning the approval of an enterprise agreement. This matter was presented before the Fair Work Commission, which has jurisdiction over employment matters under Australian industrial law. The primary issue before the Commission was whether the proposed Fire Protection Enterprise Agreement Perth 2022-2025 met the necessary legal standards for approval, particularly focusing on whether it complied with the requirements set out in the Fair Work Act 2009.

The Commission examined whether the agreement was "bargained for" by the employer and the union in good faith and if it contained the essential minimum terms and conditions as mandated by the Act. Key considerations included the extent of union and employer negotiations, the transparency of the bargaining process, and the fairness of the agreement's provisions concerning wages, working conditions, and other employment terms. Additionally, the Commission assessed whether the agreement provided adequate protections for employees and complied with any relevant awards and instruments.

Upon reviewing the evidence and submissions from both parties, the Commission found that the agreement was the result of genuine negotiations and satisfied the essential minimum standards set out in the Act. The Commission was satisfied that the bargaining process was conducted in good faith, and the agreement included fair and reasonable terms and conditions. Consequently, the Commission approved the agreement, recognising it as a lawful and binding enterprise agreement between Wormald Australia Pty Ltd and the union.

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