DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2019/545)

WORMALD (PERTH) AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU) PLUMBING DIVISION (WA) FIRE PROTECTION ENTERPRISE AGREEMENT PERTH - 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 MAY 2019

Application for approval of the Wormald (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Perth - 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Wormald (Perth) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection Enterprise Agreement Perth - 2019 - 2022 (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 Agreement is a single enterprise agreement.

[2] 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2019. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of an enterprise agreement with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division (WA) Fire Protection. The agreement in question pertained to the period from 2019 to 2022 and covered employees working in the Perth area. The dispute arose from the terms and conditions outlined in the proposed agreement, which the CEPU had objections to. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included verifying that the agreement was made in good faith, was free from any coercion or undue influence, and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission considered the submissions from both parties and examined the contents of the agreement. It found that the agreement was made in good faith and was free from any undue influence or coercion. The Commission also determined that the agreement contained all the required minimum terms and conditions. After weighing the evidence and arguments presented, the Commission approved the agreement, concluding that it appropriately balanced the interests of both the employer and the employees.

As a result of the Commission's approval, the enterprise agreement was formally accepted and registered. This decision effectively resolved the dispute between Wormald Australia Pty Ltd and the CEPU Plumbing Division (WA) Fire Protection, setting the terms and conditions for the employees for the specified period.

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