DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2020/407)

WORMALD FIRE EQUIPMENT SERVICE AND SALES DIVISION SYDNEY AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 MARCH 2020

Application for approval of the Wormald Fire Equipment service and sales division Sydney agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Fire Equipment service and sales division Sydney agreement 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). 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] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 March 2020. The nominal expiry date of the Agreement is 3 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of the Wormald Fire Equipment Service and Sales Division Sydney Agreement 2019-2022. The agreement aimed to set out the terms and conditions of employment for employees in the Sydney division of Wormald's fire equipment service and sales department. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the "better-off-overall" test and contained terms that were contrary to the Fair Work Act.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act and whether it provided employees with a better-off outcome than the existing award or previous agreement. The AMWU contested the application on the basis that the agreement did not provide a better-off outcome for employees, particularly in relation to penalty rates, shift differentials, and overtime provisions. The Commission had to consider whether the agreement met the "better-off-overall" test and whether any terms were contrary to the Act.

In determining the application, the Commission found that the proposed agreement did meet the "better-off-overall" test and contained no terms that were contrary to the Fair Work Act. The Commission considered the evidence provided by both parties and found that the agreement provided employees with improved conditions in terms of base rates of pay, penalty rates, shift differentials, and overtime provisions. The Commission also found that the agreement provided for appropriate protections for employees, including provisions for dispute resolution and the preservation of existing entitlements. As a result, the Commission approved the agreement, finding that it provided a better-off outcome for employees and met all legal requirements.

The Fair Work Commission approved the Wormald Fire Equipment Service and Sales Division Sydney Agreement 2019-2022, finding that it met the "better-off-overall" test and contained no terms that were contrary to the Fair Work Act. The agreement is now the approved enterprise agreement for employees in the Sydney division of Wormald's fire equipment service and sales department.

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