Wormald Australia Pty Ltd T/A Wormald
[2022] FWCA 171
•21 JANUARY 2022
| [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
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