DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/6018)

WORMALD AUSTRALIA PTY LTD T/A WORMALD ALBURY & WAGGA WAGGA SERVICES BRANCHES FIRE ALARMS ENTERPRISE AGREEMENT 2018/2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2019

Application for approval of the Wormald Australia Pty Ltd T/A Wormald Albury and Wagga Wagga Services Branches Fire Alarms Enterprise Agreement 2018/2022.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Australia Pty Ltd T/A Wormald Albury and Wagga Wagga Services Branches Fire Alarms Enterprise Agreement 2018/2022 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald Albury and Wagga Wagga Services Branches applied to the Fair Work Commission for approval of a new Enterprise Agreement. The application was opposed by the Australian Services Union (ASU), who argued that the agreement did not meet the requirements of the Fair Work Act. The dispute was heard by the Fair Work Commission, presided over by Deputy President S Power.

The key issue before the court was whether the Enterprise Agreement complied with the statutory requirements for approval. The ASU contended that the agreement was invalid because it contained provisions that were inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The ASU argued that the agreement did not provide for a proper dispute resolution process and that it failed to provide adequate protections for employees. Wormald Australia, on the other hand, maintained that the agreement was valid and that it met all the requirements for approval.

In determining whether to approve the Enterprise Agreement, the Fair Work Commission considered the relevant statutory provisions and the arguments advanced by both parties. The court noted that the agreement contained provisions that were consistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The court found that the agreement provided for an appropriate dispute resolution process and that it provided adequate protections for employees. The court concluded that the agreement was valid and approved the Enterprise Agreement. The ASU's opposition was dismissed.

The Fair Work Commission approved the Enterprise Agreement and dismissed the ASU's opposition. The agreement is now in force and binding on both parties.

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