DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2021/6630)

WORMALD ROCKHAMPTON & GLADSTONE SPRINKLER FITTERS 2021-2024 ENTERPRISE AGREEMENT

Plumbing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 19 AUGUST 2021

Application for approval of the Wormald Rockhampton & Gladstone Sprinkler Fitters 2021-2024 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Rockhampton & Gladstone Sprinkler Fitters 2021-2024 Enterprise Agreement (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.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 25 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, sought approval of the Wormald Rockhampton & Gladstone Sprinkler Fitters 2021-2024 Enterprise Agreement from the Fair Work Commission. The matter was heard by Deputy President Bell, who was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The decision was influenced by submissions from the Australian Council of Trade Unions, which represented the employees, and Wormald, which represented the employer.

The primary legal issue before the court was whether the agreement was a "single, integrated, and coherent document" and whether it complied with the relevant sections of the Fair Work Act. Specifically, the court examined whether the agreement included all necessary terms and conditions of employment and whether it had been genuinely agreed upon by both parties. The court also had to consider the fairness and reasonableness of the agreement's terms, including the dispute resolution provisions.

The court found that the agreement was indeed a single, integrated, and coherent document. It contained all necessary terms and conditions of employment, including those required by law. The court determined that the agreement was genuinely negotiated and agreed upon by both parties, and it found the terms to be fair and reasonable. The dispute resolution provisions were deemed adequate and in line with the requirements of the Fair Work Act. Consequently, the court approved the agreement.

The Fair Work Commission approved the Wormald Rockhampton & Gladstone Sprinkler Fitters 2021-2024 Enterprise Agreement, finding it to be a fair and reasonable agreement that met all statutory requirements. The decision was made on the basis that the agreement was a single, integrated, and coherent document, contained all necessary terms and conditions of employment, and had been genuinely agreed upon by both parties. The court also found that the dispute resolution provisions were adequate.

Wormald Australia Pty Ltd T/A Wormald

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established