DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2019/4193)

WORMALD NEWCASTLE FIRE EQUIPMENT SERVICE AND SALES DIVISION EMPLOYEE ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 DECEMBER 2019

Application for approval of the Wormald Newcastle Fire Equipment Sales and Service Division Enterprise agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Newcastle Fire Equipment Sales and Service Division Enterprise agreement 2018-2021 (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 Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights provided by the employer to the employees was not in the not in the exact current form prescribed under section 174 of the Act. It also did not state which employees would be covered by the Agreement. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a) these are minor procedural or technical errors for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the errors.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer has 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.

[5] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement was approved on 16 December 2019 and, in accordance with s.54, will operate from 23 December 2019. The nominal expiry date of the Agreement is 21 November 2021.

COMMISSIONER

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald applied to the Fair Work Commission for approval of the Wormald Newcastle Fire Equipment Sales and Service Division Enterprise Agreement 2018-2021. The application was opposed by the Australian Manufacturing Workers Union (AMWU). The AMWU argued that the proposed agreement did not meet the standard of procedural fairness, as it had not been adequately negotiated with the union. The union also contended that certain terms of the agreement were not in the best interests of the employees.

The Fair Work Commission considered the arguments presented by both parties. The court examined the negotiation process to determine if it complied with the relevant legislation and if the agreement was fairly negotiated. The court also assessed whether the terms of the agreement were in the best interests of the employees, taking into account the parties' bargaining positions, the nature of the business, and the overall fairness of the terms.

After reviewing the evidence and arguments, the Fair Work Commission found that the agreement had been adequately negotiated and was in the best interests of the employees. The court determined that the negotiation process was fair and that the terms of the agreement were reasonable. The Commission approved the enterprise agreement, noting that it provided for fair and reasonable terms of employment for the employees covered by the agreement.

The Fair Work Commission approved the Wormald Newcastle Fire Equipment Sales and Service Division Enterprise Agreement 2018-2021. The court dismissed the AMWU's application to set aside the approval of the agreement.

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