DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/5345)

WORMALD NSW FIRE EQUIPMENT AND FIXED SYSTEMS TESTING ENTERPRISE AGREEMENT 2018-2021

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 MAY 2019

Application for approval of the Wormald NSW Fire Equipment and Fixed Systems Testing Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Wormald NSW Fire Equipment and Fixed Systems Testing Enterprise Agreement 2018-2021 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 9 May 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald NSW Fire Equipment and Fixed Systems Testing Enterprise Agreement 2018-2021. The agreement was made between the employer and the union, which represented the employees. The application was made under the Fair Work Act 2009, seeking to have the agreement registered as a registered agreement, which would give it legal effect.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for it to be approved as a registered agreement. Specifically, the Commission had to determine if the agreement had been made in accordance with the Act's provisions, if it contained the necessary minimum terms and conditions, and if it complied with the 'better off overall test'. This test requires that the agreement must not disadvantage employees overall compared to the applicable award or safety net.

The Fair Work Commission determined that the agreement was made in accordance with the Fair Work Act 2009. It found that the agreement contained all the necessary minimum terms and conditions, and that it passed the 'better off overall test'. The Commission was satisfied that the agreement provided employees with a fair and reasonable outcome, taking into account their current conditions and any potential benefits from the agreement. Consequently, the Fair Work Commission approved the agreement and registered it as a registered agreement under the Act.

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