DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/4932)

WORMALD SOUTH AUSTRALIAN SERVICE SPINKLER FITTER'S ENTERPRISE AGREEMENT 2018-2020

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 MARCH 2019

Application for approval of the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Wormald South Australian Service Sprinkler Fitter’s Enterprise Agreement 2018-2020 (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, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 March 2019 and, in accordance with s.54, will operate from 28 March 2019. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald applied for the Fair Work Commission's (FWC) approval of the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2018-2020. The respondents were the Australian Manufacturing Workers' Union, the South Australian Branch of the Australian Services Union, and the South Australian Branch of the Electrical Trades Union. The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009 and if it contained terms that were fair and reasonable for the employees. The matter was heard by Deputy President E A Raftery in the Fair Work Commission.

The legal issues before the Deputy President were whether the agreement was a genuine enterprise agreement, whether it contained only permissible provisions, and if it was fair and reasonable. The Deputy President had to consider the submissions from the parties and the relevant provisions of the Fair Work Act. The Deputy President also needed to determine whether the agreement was consistent with the principles of enterprise bargaining and if it met the requirements of the Fair Work (Registered Organisations) Act 2009.

The Deputy President concluded that the agreement was a genuine enterprise agreement and contained only permissible provisions. The Deputy President found that the agreement was consistent with the principles of enterprise bargaining and met the requirements of the Fair Work Act. The Deputy President also found that the agreement was fair and reasonable, taking into account the submissions from the parties and the relevant provisions of the Fair Work Act. The Deputy President approved the agreement and made an order under section 233 of the Fair Work Act that the agreement be registered.

The Deputy President approved the Wormald South Australian Service Sprinkler Fitter's Enterprise Agreement 2018-2020 and made an order that the agreement be registered. The Deputy President found that the agreement was a genuine enterprise agreement, contained only permissible provisions, and was fair and reasonable. The Deputy President also found that the agreement was consistent with the principles of enterprise bargaining and met the requirements of the Fair Work 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