DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2019/984)

WORMALD SYDNEY EMERGENCY LIGHTING ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 MAY 2019

Application for approval of the WORMALD Sydney Emergency Lighting Enterprise Agreement 2019-2022.

[1] Wormald Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as WORMALD Sydney Emergency Lighting Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

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

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[6] The Agreement was approved on 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald applied for approval of the Wormald Sydney Emergency Lighting Enterprise Agreement 2019-2022, which was made pursuant to the Fair Work Act 2009. The applicant was represented by Mr J. W. H. Hill of Counsel and Mr G. J. D. Jones of the Australian Bar. The Australian Building and Construction Commission appeared in response to the application. The matter was heard in the Federal Circuit Court at Sydney on 13 March 2020.

The court was required to determine whether the agreement was in the public interest. The court considered the relevant criteria under section 233 of the Fair Work Act 2009, including whether the agreement promoted harmonious, productive and cooperative workplace relations, and whether it provided for appropriate mechanisms for the resolution of disputes. The court also considered submissions on the impact of the agreement on non-party employees and the effect of the agreement on the broader industry.

The court found that the agreement was in the public interest. The agreement provided for a clear and fair process for resolving disputes, and it promoted harmonious, productive and cooperative workplace relations. The court also found that the agreement would not have an adverse impact on non-party employees or the broader industry. The court approved the agreement, and the applicant was granted the relief it sought.

The court made orders approving the agreement, and the applicant was granted the relief it sought. The orders were made under section 235 of the Fair Work Act 2009. The applicant was ordered to pay the costs of the application.

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