Wormald Australia Pty Ltd T/A Wormald

[2019] FWCA 2847

[2019] FWCA 2847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/5929)

WORMALD AND CEPU PLUMBING DIVISION SPRINKLER PIPE FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT SYDNEY SERVICE 2016 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2019

Application for variation of the Wormal and CEPU - Plumbing Division/Wormald Sprinkler Fitting/Fire Protection Enterprise Agreement Sydney Service 2016 - 2019.

[1] An application has been made for approval of a variation to the Wormal and CEPU - Plumbing Division/Wormald Sprinkler Fitting/Fire Protection Enterprise Agreement Sydney Service 2016 - 2019 (the Agreement). The application was made by Wormald Australia Pty Ltd T/A Wormald pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.211 and 212 had not been met in relation to the application for approval of a Variation to the Agreement. The undertakings were accepted and the Agreement was approved on 26 February 2018. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 29 April 2019.

COMMISSIONER

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