DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/6938)

WORMALD BRISBANE, GOLD COAST AND SUNSHINE COAST FIRE ALARM SERVICE ENTERPRISE AGREEMENT – 2018 - 2021

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement – 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service 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] 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] 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 18 February 2019. The nominal expiry date of the Agreement is 18 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, brought an application to the Fair Work Commission for the approval of an enterprise agreement, specifically the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2018-2021. The agreement sought to regulate the terms and conditions of employment for certain employees within these regions. The application came before Commissioner McGauran, who was tasked with determining whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees.

The primary legal issues before the Commissioner involved assessing whether the enterprise agreement met the statutory criteria set out in the Fair Work Act 2009, including the requirements for good faith bargaining and whether it provided for a fair and equitable outcome for the employees. Additionally, the Commissioner had to consider if the agreement complied with the Fair Work (Registered Organisations) Act 2009, and whether there were any procedural irregularities in the process of forming the agreement.

The Commissioner found that the agreement was the product of good faith bargaining and met the necessary legal standards. The agreement included provisions that were fair and reasonable, covering wages, allowances, and various employment conditions. The Commissioner was satisfied that the process of forming the agreement was fair, and that there were no procedural defects that would render the agreement invalid. Accordingly, the application was approved, and the enterprise agreement was certified as meeting the statutory requirements.

The final orders of the Commissioner were that the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement 2018-2021 be approved and registered, effective from the date of the decision. This decision confirmed the agreement as a binding and lawful instrument governing the employment conditions of the relevant employees for the specified period.

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