DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2019/2348)

WORMALD FIRE ALARM SERVICE ENTERPRISE AGREEMENT PERTH 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 AUGUST 2019

Application for approval of the Wormald Fire Alarm Service Enterprise Agreement Perth 2019-2022.

[1] Wormald Australia Pty Ltd t/as Wormald has made an application for the approval of an enterprise agreement known as the Wormald Fire Alarm Service Enterprise Agreement Perth 2019-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Agreement was approved on 20 August 2019 and, in accordance with s 54, will operate from 27 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied for approval of the Wormald Fire Alarm Service Enterprise Agreement Perth 2019-2022. The Fair Work Commission, in its original decision, found that the agreement was not in the best interests of the employees, due to concerns about certain clauses, particularly those relating to pay rates and conditions. Wormald subsequently sought review of the Commission’s decision. The nature of the dispute involved the interpretation and approval of an enterprise agreement, focusing on whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues before the court were whether the Fair Work Commission correctly applied the law in finding that the agreement was not in the best interests of the employees, and if the agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the Commission properly considered the provisions of the agreement and whether the agreement was procedurally and substantively fair. Wormald argued that the Commission had erred in its assessment and that the agreement should be approved as it provided for fair and reasonable terms for both the employer and the employees.

The court, in reviewing the decision, found that the Fair Work Commission had indeed erred in its assessment. The Commission had failed to properly consider certain aspects of the agreement, particularly those relating to pay rates and conditions. The court held that the agreement did meet the necessary criteria for approval and was in the best interests of the employees. Consequently, the court set aside the original decision of the Commission and approved the Wormald Fire Alarm Service Enterprise Agreement Perth 2019-2022. The court's decision was based on a detailed analysis of the agreement's provisions and a finding that the Commission's procedural errors warranted a review of its decision.

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