Wormald Australia Pty Ltd T/A Wormald

[2022] FWCA 171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2021/8944)

WORMALD (ACT) SPRINKLER SERVICE DIVISION ENTERPRISE AGREEMENT 2021-2024

Fire fighting services
COMMISSIONER P RYAN	SYDNEY, 21 JANUARY 2022

Application for approval of the WORMALD FIRE SYSTEMS Service (ACT) Enterprise AGREEMENT 2021-2024

Wormald Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wormald (ACT) Sprinkler Service Division Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 586(a) Amendments

There were errors in relation to the name of the Agreement in the Form 16 Application and clause 1 of the Agreement. The Employer provided submissions that these were typographical errors and the correct name of the Agreement is as set out in paragraph [1] above. I consider it appropriate in the circumstances to amend the Form F16 Application and clause 1 of the Agreement and do so pursuant to s.586(a) of the Act.

I also observed that clause 6.1 of the Agreement refers to the ‘Plumbing and Sprinkler Pipe Fitters Award 2010’ and sought a response from the Employer. The Employer submitted that was a typographical error and clause 6.1 of the Agreement should refer to the ‘Plumbing and Fire Sprinklers Award 2020’.

I consider it appropriate in the circumstances to amend the clause 6.1 of the Agreement to replace the words ‘Plumbing and Sprinkler Pipe Fitters Award 2010’ with ‘Plumbing and Fire Sprinklers Award 2020’ and do so pursuant to s.586(a) of the Act.

Sections 186, 187 and 188

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.

Model Consultation Term

The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

Section 183

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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 CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald Fire Systems, made an application to the Fair Work Commission for the approval of the proposed Wormald Fire Systems Service (ACT) Enterprise Agreement 2021-2024. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, specifically in relation to the requirements for enterprise agreements to be in writing, free from coercion, and to provide for the direct communication of terms and conditions between employers and employees. The Commission was required to determine whether the agreement met all statutory requirements and was in the best interests of the employees.

The court examined the agreement to ascertain whether it was a genuine enterprise agreement, as defined by the Fair Work Act. This included verifying that the agreement was made in writing, was free from any improper influence or pressure, and contained the necessary provisions for direct communication of terms and conditions. Additionally, the court considered whether the agreement provided for a fair and efficient process for resolving disputes and whether it was in the best interests of the employees, including ensuring that it did not adversely affect the employees' conditions.

After reviewing the proposed agreement and the submissions made by the parties, the Commission found that the agreement met all the statutory requirements and was in the best interests of the employees. The agreement was comprehensive, clearly written, and provided for a fair and efficient dispute resolution process. It also included provisions for the direct communication of terms and conditions between the employer and employees. The Commission approved the agreement, confirming its validity and enforceability under the Fair Work Act.

The final orders of the Commission included the approval of the proposed Wormald Fire Systems Service (ACT) Enterprise Agreement 2021-2024, with the agreement to be registered with the Fair Work Commission and to take effect from the date of registration. The Commission also ordered that the agreement be given to all employees covered by the agreement and that it be displayed in a prominent location at the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established