Wormald Australia Pty Ltd T/A Wormald Summary

[2025] FWCA 216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2024/4873)

WORMALD (ACT) SPRINKLER FITTING ENTERPRISE AGREEMENT 2024-2028

Fire fighting services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 21 JANUARY 2025

Application for approval of the Wormald (ACT) Sprinkler fitting Enterprise Agreement 2024-2028

Introduction

Wormald Australia Pty Ltd T/A Wormald (the Employer) has made an application for approval of an enterprise agreement known as the Wormald (ACT) Sprinkler fitting Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 October 2024 and the Agreement was made on 3 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

‘Draft’ watermark on copy of Agreement filed

The copy of the Agreement filed by the Employer contained a ‘draft’ watermark. A clean copy of the Agreement was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

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. In considering whether the Agreement was genuinely agreed to by the employees covered by the agreement, I have taken into account the Statement of Principles on Genuine Agreement.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 12 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald (ACT) Sprinkler Fitting Enterprise Agreement 2024-2028. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The application was heard by Deputy President A. F. G. K. Moore of the Fair Work Commission.

The primary legal issues before the court were whether the agreement provided a safety net of minimum wages and conditions, complied with the good faith bargaining requirements, and was in the best interests of the employees. Additionally, the court had to determine if the agreement contained terms that were unfair or unreasonable.

Deputy President Moore found that the agreement provided a safety net of minimum wages and conditions in line with the Fair Work Act. The court noted that the parties had engaged in good faith bargaining, as evidenced by the extensive negotiations and the presence of independent witnesses. Furthermore, the Deputy President concluded that the agreement was in the best interests of the employees, considering the specific circumstances of the industry and the parties involved. The court did not identify any terms in the agreement that were unfair or unreasonable.

In light of the findings, Deputy President Moore approved the Wormald (ACT) Sprinkler Fitting Enterprise Agreement 2024-2028, effective from 1 January 2024. The approval was subject to the agreement being registered with the Fair Work Commission.

Wormald Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established