DECISION

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

Wormald Australia Pty Ltd T/A Wormald
(AG2020/1450)

2020 TO 2023 WORMALD TOOWOOMBA FIRE EQUIPMENT ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 16 JUNE 2020

Application for approval of the 2020 to 2023 Wormald Toowoomba Fire Equipment Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2020 to 2023 Wormald Toowoomba Fire Equipment Enterprise Agreement (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. The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to ss.202(2) and 202(4) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2020. The nominal expiry date of the Agreement is 16 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied for the approval of the 2020 to 2023 Wormald Toowoomba Fire Equipment Enterprise Agreement. The application was made under section 232 of the Fair Work Act 2009. The dispute arose from the terms of the enterprise agreement, which was the subject of negotiation between the employer and the employees represented by the Australian Council of Trade Unions. The Fair Work Commission was tasked with determining whether the agreement should be approved as a registered agreement.

The legal issues before the Commission included whether the agreement met the criteria for registration as a single-enterprise agreement, and whether it complied with the provisions of the Fair Work Act. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and benefits for the employees, and whether it provided for proper processes for dispute resolution. Additionally, the Commission was required to assess whether the agreement was made in good faith and whether it was free from any unlawful content.

The Fair Work Commission found that the agreement met the requirements for registration as a single-enterprise agreement and was in compliance with the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees, including pay and benefits, and that it provided for proper processes for dispute resolution. The Commission also found that the agreement was made in good faith and was free from any unlawful content. As a result, the Commission approved the 2020 to 2023 Wormald Toowoomba Fire Equipment Enterprise Agreement as a registered agreement.

The final orders of the Commission included the registration of the 2020 to 2023 Wormald Toowoomba Fire Equipment Enterprise Agreement as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered on the date of the Commission's decision and was to remain in force until the end of the agreed term, or until terminated in accordance with its provisions. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that copies of the agreement be provided to the parties and to the Fair Work Ombudsman.

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