Wormald Australia Pty Ltd T/A Wormald
[2025] FWCA 216
•21 JANUARY 2025
| [2025] FWCA 216 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wormald Australia Pty Ltd T/A Wormald
(AG2024/4873)
WORMALD (ACT) SPRINKLER FITTING ENTERPRISE AGREEMENT 2024-2028
| Fire fighting services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 21 JANUARY 2025 |
Application for approval of the Wormald (ACT) Sprinkler fitting Enterprise Agreement 2024-2028
Introduction
Wormald Australia Pty Ltd T/A Wormald (the Employer) has made an application for approval of an enterprise agreement known as the Wormald (ACT) Sprinkler fitting Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 October 2024 and the Agreement was made on 3 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
‘Draft’ watermark on copy of Agreement filed
The copy of the Agreement filed by the Employer contained a ‘draft’ watermark. A clean copy of the Agreement was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.
Section 190 Undertakings
The employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings 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. In considering whether the Agreement was genuinely agreed to by the employees covered by the agreement, I have taken into account the Statement of Principles on Genuine Agreement.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 12 December 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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