DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2020/3571)

WORMALD, SUNSHINE COAST FIRE EQUIPMENT DEPARTMENT FIELD TECHNICIAN ENTERPRISE AGREEMENT 2020-2023

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Wormald, Sunshine Coast Fire Equipment Department Field Technician Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Wormald, Sunshine Coast Fire Equipment Department Field Technician Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Wormald Australia Pty Ltd T/A Wormald (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and in accordance with s 54 of the Act will operate from 29 December 2020. The nominal expiry date of the Agreement is 1 July 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 for approval of the Wormald, Sunshine Coast Fire Equipment Department Field Technician Enterprise Agreement 2020-2023. The applicant is an employer in the fire equipment industry, while the respondents included employee representatives. The dispute centred around the fairness and validity of the proposed enterprise agreement, which outlines the terms and conditions of employment for field technicians in the Sunshine Coast region. The case was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement was "bargained for" genuinely by the employee representatives, whether it complied with the procedural requirements, and if it contained terms that were fair and reasonable. The Commission also examined if the agreement adequately addressed minimum entitlements and if it was free from any unlawful provisions. The fairness of the agreement, including its compliance with the Fair Work Act 2009, was a central consideration.

The Fair Work Commission found that the agreement had been genuinely bargained for and that the procedural requirements were met. The Commission concluded that the agreement was fair and reasonable, addressing the minimum entitlements as stipulated in the Fair Work Act. The terms were found to be non-discriminatory and not detrimental to the employees. The Commission approved the enterprise agreement, acknowledging the efforts of the parties in reaching a fair and balanced outcome. The decision was made on the basis that the agreement provided a fair and reasonable framework for the employment of field technicians in the Sunshine Coast region.

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