DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/161)

WORMALD ROCKHAMPTON AND GLADSTONE SPRINKLER FITTERS 2017-2020 ENTERPRISE AGREEMENT

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2018

Application for approval of the Wormald Rockhampton & Gladstone Sprinkler Fitters 2017-2020 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Rockhampton & Gladstone Sprinkler Fitters 2017-2020 Enterprise Agreement (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 Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 19 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of the Wormald Rockhampton & Gladstone Sprinkler Fitters 2017-2020 Enterprise Agreement. The union representing the employees, the Australian Manufacturing Workers' Union, objected to the proposed agreement. The court was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was made in good faith, was free from coercion and contained appropriate provisions for employees' entitlements and protections. The union argued that certain provisions were unfair and did not meet the standard of "better off overall" for the employees. The court examined the negotiation process and the terms of the agreement to determine if they complied with the statutory requirements.

The Fair Work Commission found that the agreement had been made in good faith and was free from any element of coercion. The court concluded that the proposed agreement provided a safety net of minimum entitlements and did not disadvantage employees in a way that was contrary to the purpose of the Fair Work Act. The court approved the agreement, finding it met the necessary criteria for registration under the Act.

The court ordered that the Wormald Rockhampton & Gladstone Sprinkler Fitters 2017-2020 Enterprise Agreement be approved and registered with the Fair Work Commission, effective from the date of the decision. The agreement would now serve as the governing industrial instrument for the specified period between Wormald and the union.

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