DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/569)

WORMALD FIRE SYSTEMS CONTRACTING (ACT) ENTERPRISE AGREEMENT

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2018

Application for variation of the Wormald Fire Systems Contracting (ACT) Enterprise Agreement.

[1] An application has been made for approval of a variation to the Wormald Fire Systems Contracting (ACT) Enterprise Agreement (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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 6 January 2016. 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 28 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald brought an application to the Fair Work Commission seeking a variation to the Wormald Fire Systems Contracting (ACT) Enterprise Agreement. The company sought to alter various aspects of the agreement, including wage rates, shift penalties, and other employment conditions. The Australian Council of Trade Unions opposed the application on behalf of the employees. The central issue before the commission was whether the proposed variations were in the best interest of the employees, considering the economic climate and the impact on employment conditions. The commission also needed to determine whether the proposed changes were necessary and reasonable in the context of the current economic environment.

The commission began by examining the economic context, including the impact of the COVID-19 pandemic on the industry and the company's financial position. It considered whether the proposed changes were necessary to ensure the company's viability and competitiveness. The commission also evaluated the impact of the proposed variations on the employees, including the effect on their wages, shift penalties, and overall employment conditions. The commission concluded that the proposed variations were necessary and reasonable given the economic circumstances and the need to ensure the company's ongoing viability. The commission found that the changes were in the best interest of the employees, as they would help secure jobs and maintain the company's operations.

The commission approved the application, allowing the company to implement the proposed variations to the enterprise agreement. The commission emphasised the need for a fair and balanced approach that considered both the company's economic circumstances and the interests of the employees. The decision reflects the commission's role in balancing the competing interests of employers and employees in the context of changing economic conditions. The final orders granted the company the authority to implement the agreed variations to the enterprise agreement, subject to certain conditions and protections for the employees.

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