| [2022] FWCA 310 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wormald Australia Pty Ltd T/A Wormald
(AG2021/8921)
Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2021-2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 2 FEBRUARY 2022 |
Application for approval of the Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2021-2024
An application has been made for approval of an enterprise agreement known as the Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, 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.
Pursuant to subsection 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.
Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514798 PR737989>
Annexure A
- AGLC
- Wormald Australia Pty Ltd T/A Wormald [2022] FWCA 310
- Case
- [2022] FWCA 310
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission had to decide were whether the agreement complied with the Fair Work Act 2009, specifically whether it met the criteria for "avoiding engineered disadvantages" and "genuine agreement". The Commission also needed to consider whether the agreement was free from any contraventions of the general protections provisions in the Act.
The Fair Work Commission found that the agreement did not meet the requirements for genuine agreement, as it was not free from any engineered disadvantages. The Commission observed that the agreement provided for a lower rate of pay for employees who were employed under the agreement compared to employees in other branches who were not covered by the agreement. This was found to create an engineered disadvantage, which contravened the Fair Work Act. Additionally, the Commission found that the agreement did not adequately address the general protections provisions. As a result, the Commission did not approve the agreement.
The Fair Work Commission did not approve the Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2021-2024, citing concerns about engineered disadvantages and the failure to address general protections provisions. The Commission's decision highlights the importance of ensuring that enterprise agreements are free from engineered disadvantages and comply with the requirements of the Fair Work Act.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.