DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/570)

WORMALD BRISBANE, GOLD COAST AND SUNSHINE COAST FIRE ALARM SERVICE ENTERPRISE AGREEMENT - 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2018

Application for variation of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement - 2015 - 2018.

[1] An application has been made for approval of a variation to the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement - 2015 - 2018 (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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 18 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for a variation of the Wormald Brisbane, Gold Coast and Sunshine Coast Fire Alarm Service Enterprise Agreement, 2015-2018. The application was made by the employer, seeking to change the terms and conditions of employment for employees covered by the agreement. The dispute centred on several proposed changes, including alterations to shift arrangements, penalty rates, and the classification of certain employees.

The primary legal issues before the Commission were whether the proposed variations were fair and reasonable, and whether they complied with the statutory requirements under the Fair Work Act 2009. The Commission had to consider whether the changes were necessary for the employer's business operations, whether they were made in good faith, and whether they provided adequate protection for the employees. Additionally, the Commission needed to assess if the changes provided for fair and reasonable terms and conditions of employment.

In its decision, the Fair Work Commission determined that the proposed variations were fair and reasonable. The Commission found that the changes were necessary for the employer's business operations, were made in good faith, and provided adequate protection for the employees. The Commission also concluded that the variations provided for fair and reasonable terms and conditions of employment, taking into account the need for flexibility in the fire alarm service industry and the specific circumstances of the employees. The application was subsequently approved, and the enterprise agreement was varied as sought by the employer.

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