Wormald Australia Pty Ltd T/A Wormald

[2019] FWCA 3172

[2019] FWCA 3172

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
(AG2018/6915)

WORMALD AUSTRALIA PTY LIMITED TRADING AS WORMALD PORTABLE SERVICE AND SALES DIVISION PERTH ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 MAY 2019

Application for approval of the WORMALD AUSTRALIA PTY LIMITED TRADING AS WORMALD PORTABLE SERVICE AND SALES DIVISION PERTH ENTERPRISE AGREEMENT 2018 - 2021.

[1] Wormald Australia Pty Ltd has made an application (the Application) for the approval of an enterprise agreement known as the WORMALD AUSTRALIA PTY LIMITED TRADING AS WORMALD PORTABLE SERVICE AND SALES DIVISION PERTH ENTERPRISE AGREEMENT 2018 - 2021 (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] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 is attached to the Agreement, and is taken to be a term of the Agreement.

[5] The model flexibility term prescribed by the Fair Work Regulations 2009 is attached to the Agreement, and is taken to be a term of the Agreement.

[6] The model dispute resolution term, prescribed by the Fair Work Regulations 2009 is attached to the Agreement, and is taken to be a term of the Agreement.

[7] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[8] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[9] The Applicant provided the Commission with an amended Form F16 - Application for approval of enterprise agreement (other than a greenfields agreement). This amended Form F16 provided that the Applicant was Wormald Australia Pty Ltd. This amended Form F16 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to amend the Application to reflect the correct Applicant, and that it is appropriate to do so pursuant to s 586.

[10] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[11] The Agreement was approved on 8 May 2019 and, in accordance with s 54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503335  PR708095>

Annexure A

 1   Fair Work Regulations 2009 (Cth) r 2.06A