Wormald Australia Pty Ltd T/A Wormald

[2021] FWCA 1067

[2021] FWCA 1067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2021/306)

ENTERPRISE AGREEMENT BETWEEN WORMALD AUSTRALIA PTY LTD TRADING AS WORMALD AND SPRINKLERS PIPE FITTERS SE QUEENSLAND AREA

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 FEBRUARY 2021

Application for approval of the Wormald Australia T/As Wormald & Sprinkler Pipe Fitter South East Queensland 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Between Wormald Australia Pty Ltd Trading as Wormald and Sprinklers Pipe Fitters SE Queensland Area (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] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] On the basis of the material contained in the application and accompanying declaration, 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.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement was approved on 26 February 2021 and, in accordance with s.54, will operate from 5 March 2021. The nominal expiry date of the Agreement is 19 August 2023.

COMMISSIONER

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<AE510596  PR727337>

ANNEXURE A-