Wormald Australia Pty Ltd T/A Wormald Summary

[2025] FWCA 3510

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

(AG2025/3183)

WORMALD SOUTH AUSTRALIAN SERVICE SPRINKLER FITTER’S ENTERPRISE AGREEMENT 2025 -2028

Plumbing industry
COMMISSIONER ROGERS	ADELAIDE, 21 OCTOBER 2025

Application for approval of the Wormald South Australian Service Sprinkler Fitter’s Enterprise Agreement 2025 -2028

An application has been made for approval of an enterprise agreement known as the Wormald South Australian Service Sprinkler Fitter’s Enterprise Agreement 2025 -2028 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings, a copy of which 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Pursuant to s. 202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement does not contain a consultation term that meets the requirements of the Act. Pursuant to s. 205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
· Annual leave (additional week for shiftworkers): Clause 25 of the Agreement does not specify that employees defined as shiftworkers for the purposes of the NES are entitled to an additional week of annual leave, inconsistent with the NES at s. 87(1) of the Act.

Noting the undertakings provided and incorporation of the Plumbing and Fire Sprinklers Award 2020 in the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 28 October 2025. The nominal expiry date of the Agreement is 28 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Wormald Australia Pty Ltd, trading as Wormald, sought approval of the South Australian Service Sprinkler Fitter’s Enterprise Agreement 2025-2028 from the Fair Work Commission. The enterprise agreement was submitted to the Commission for its approval, as required by the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the criteria for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were fair and reasonable, taking into account various factors such as the nature of the industry, the bargaining power of the parties, and the public interest. The Commission also needed to assess whether the agreement complied with the provisions of the Fair Work Act, including the requirement for 'better off overall' testing. The applicant argued that the agreement was fair and reasonable, while no other party opposed the application.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It considered the nature of the industry, the bargaining power of the parties, and the public interest. The Commission was satisfied that the agreement provided for reasonable pay and conditions, and that it was in the best interests of the employees. The Commission noted that the agreement provided for a 'better off overall' test, which was met, and that it complied with the requirements of the Fair Work Act. The Commission approved the agreement, finding that it met the necessary criteria for approval.

The Fair Work Commission approved the South Australian Service Sprinkler Fitter’s Enterprise Agreement 2025-2028, finding that it provided for fair and reasonable terms and conditions of employment and met the requirements of the Fair Work Act.

Wormald Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established