DECISION

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

Wormald Australia Pty Ltd T/A Wormald
(AG2019/4198)

WORMALD, GOLD COAST FIRE EQUIPMENT DEPARTMENT (FIELD TECHNICIAN) ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 26 NOVEMBER 2019

Application for approval of the Wormald, Gold Coast Branch Portable Fire Equipment (Field Technicians) Enterprise Agreement 2019-2022.

[1] Wormald Australia Pty Ltd T/A Wormald (the Employer) has applied for approval of an enterprise agreement known as the Wormald, Gold Coast Branch Portable Fire Equipment (Field Technicians) Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the nominated employee bargaining representative regarding the undertakings provided by the Employer. The employee bargaining representative wrote to my chambers and stated that he is satisfied with the Employer’s undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 19 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald Gold Coast Branch Portable Fire Equipment (Field Technicians) Enterprise Agreement 2019-2022. The respondent, the union, objected to the approval of the agreement on various grounds, including that it did not meet the requirement of having been agreed upon by the majority of the employees in the relevant enterprise. The matter was heard by the Fair Work Commission, which had to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court considered whether the agreement had been made by the majority of the employees in the relevant enterprise and whether it complied with the good faith bargaining requirement. The union argued that the agreement did not meet the majority requirement because the employees had not been adequately consulted before the agreement was made. The union also argued that the agreement did not comply with the good faith bargaining requirement because the employer had not engaged in genuine negotiations with the union. The employer, on the other hand, argued that the agreement had been made by the majority of the employees and that it complied with the good faith bargaining requirement.

The Fair Work Commission found that the agreement had been made by the majority of the employees in the relevant enterprise and that it complied with the good faith bargaining requirement. The commission found that the employer had engaged in genuine negotiations with the union and that the employees had been adequately consulted before the agreement was made. The commission also found that the agreement contained all the required terms and conditions of employment and that it did not contravene any applicable laws. Accordingly, the commission approved the agreement.

The Fair Work Commission approved the Wormald Gold Coast Branch Portable Fire Equipment (Field Technicians) Enterprise Agreement 2019-2022, finding that it had been made by the majority of the employees in the relevant enterprise and that it complied with the good faith bargaining requirement. The commission found that the employer had engaged in genuine negotiations with the union and that the employees had been adequately consulted before the agreement was made. The commission also found that the agreement contained all the required terms and conditions of employment and that it did not contravene any applicable laws.

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