DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2020/2307)

WORMALD AND CEPU - PLUMBING DIVISION / WORMALD SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT SYDNEY SERVICE 2020 - 2023

Building services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Service 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Service 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wormald Australia Pty Ltd T/A Wormald. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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] The Agreement is approved and in accordance with s.54 of the Act will operate from 9 September 2020. The nominal expiry date of the Agreement is 1 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, was involved in a dispute with the Plumbing Division of the Construction, Forestry, Maritime, Mining and Energy Union (CEPU) concerning the approval of an enterprise agreement. The matter was brought before the Fair Work Commission. The agreement in question was the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Service 2020 - 2023, which was to govern the employment conditions of the union's members in the Sydney service area over a three-year period.

The primary legal issue before the court was whether the terms and conditions of the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for certification, which include being in the best interests of the employees, not prejudicing the enterprise's viability, and not being contrary to public policy. The court also examined whether the agreement adequately covered the mandatory minimum terms and conditions of employment, and if it was fair and reasonable in all its aspects.

In reaching its decision, the Fair Work Commission considered the submissions from both parties and the evidence provided. The Commission found that the proposed agreement met the statutory requirements for certification. It was in the best interests of the employees, did not prejudice the viability of the enterprise, and was not contrary to public policy. The Commission also determined that the agreement covered all the mandatory minimum terms and conditions as stipulated by the Fair Work Act, and was fair and reasonable in all its aspects. Consequently, the Fair Work Commission approved the enterprise agreement.

No further orders were made by the court.

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