DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2021/6169)

WORMALD MINOR WORKS FIRE ALARMS ENTERPRISE AGREEMENT 2021 – 2023

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 5 AUGUST 2021

Application for approval of the Wormald Minor Works Fire Alarms Enterprise Agreement 2021 - 2023.

[1] Wormald Australia Pty Ltd T/A Wormald (the Employer) has made an application for the approval of the Wormald Minor Works Fire Alarms Enterprise Agreement 2021 – 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Pursuant to s.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.

[5] Pursuant to s.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.

[6] I note that Clause 26 – Personal Leave and Clause 11 – Termination & Resignation are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2021. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of the Wormald Minor Works Fire Alarms Enterprise Agreement 2021 - 2023. The parties involved were the employer, Wormald, and the union, the Electrical Trades Union of Australia. The dispute centred around the terms and conditions of employment for certain employees who were engaged under the proposed enterprise agreement. The matter was heard in the Fair Work Commission, Australia’s independent statutory body responsible for resolving workplace disputes and promoting fair work practices.

The legal issues before the Commission included whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the mandated minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission had to consider the balance of power between the parties, the nature of the agreement, and whether the agreement was procedurally fair. The union argued that certain provisions of the agreement were unfair, while the employer contended that the agreement was a fair reflection of the bargaining process.

The Fair Work Commission found that the proposed enterprise agreement did comply with the statutory requirements. The Commission considered that the agreement was made in good faith and without coercion, and that it contained the necessary minimum terms and conditions. The Commission also noted that the bargaining process was fair, and that the union had an opportunity to negotiate the terms. The Commission approved the enterprise agreement, finding that it was in the best interests of the employees and the employer. The Commission's decision was based on the evidence presented and the overall fairness of the agreement.

The Fair Work Commission approved the Wormald Minor Works Fire Alarms Enterprise Agreement 2021 - 2023, effective from the date of the decision. The agreement now serves as the legally binding terms and conditions of employment for the relevant employees. The decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements and are made in a fair and transparent manner.

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