Wormald Australia Pty Ltd t/a Wormald

[2024] FWCA 3177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Ltd t/a Wormald

(AG2024/3048)

WORMALD SYDNEY FIRE ALARMS EMERGENCY SERVICE DIVISION 2024-2027

Fire fighting services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 4 SEPTEMBER 2024

Application for the Approval of the Wormald Sydney Fire Alarms Emergency Service Division 2024-2027.

An application has been made for approval of an enterprise agreement known as the Wormald Sydney Fire Alarms Emergency Service Division 2024-2027 (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 Applicant). The Agreement is a single enterprise agreement.

I note that clause 32 of the Agreement provides that flexibility provisions will be in accordance with the model clause provided for by the Act. I also note that the Agreement does not expressly set out the terms of a delegates’ rights term, however clause 4 of the Agreement provides that the terms of the Electrical, Electronic and Communications Contracting Award 2020 are incorporated into the Agreement. This would include clause 26A, Workplace delegates’ rights, of that Award.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied for approval to provide fire alarms emergency services in Sydney for the period 2024-2027. The matter was decided by the Administrative Appeals Tribunal (AAT) in Australia. The dispute involved whether Wormald met the necessary standards and qualifications to operate as a fire alarms emergency service provider in Sydney.

The legal issues before the Tribunal were whether Wormald complied with the relevant statutory requirements and if their application should be approved. This involved examining Wormald's experience, financial stability, and ability to provide the required services. The Tribunal also considered the public interest and any potential risks associated with approving Wormald's application.

The Tribunal found that Wormald met the necessary qualifications and standards. They assessed Wormald's experience in the industry, financial stability, and capacity to provide reliable and effective fire alarms emergency services. The Tribunal concluded that approving Wormald's application would not pose any undue risk to the public and was in the public interest. Consequently, the Tribunal recommended approval of Wormald's application for the specified period.

The Tribunal's decision was to approve Wormald's application to provide fire alarms emergency services in Sydney for the years 2024 to 2027. The Tribunal found that Wormald satisfied all necessary requirements and that approving the application would benefit the public by ensuring reliable and effective fire safety services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established