DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2018/1370)

WORMALD FIRE SYSTEMS SERVICE (ACT) ENTERPRISE AGREEMENT

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2018

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

[1] An application has been made for approval of a variation to the Wormald Fire Systems Service (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 8 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 16 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 Fire Systems Service (ACT) Enterprise Agreement. The application sought changes to the terms and conditions of employment for employees covered by the agreement, particularly in relation to the classification of certain employees and the rates of pay for specific roles. The dispute arose from disagreements between the employer and the union representing the employees over the appropriate classification and remuneration for some employees within the organisation.

The legal issues before the Fair Work Commission centred on whether the proposed variations to the enterprise agreement were fair and reasonable, and whether they met the statutory requirements for approval under the Fair Work Act 2009. The union representing the employees contested the changes, arguing that the proposed variations would result in a deterioration of employees' conditions and were not justifiable. Wormald, on the other hand, contended that the changes were necessary to reflect the current market conditions and the operational needs of the business.

The Fair Work Commission examined the evidence presented by both parties and considered the broader principles of fairness and reasonableness in enterprise bargaining. The Commission noted the importance of maintaining a balance between the interests of the employer and the employees. After careful consideration, the Commission concluded that the proposed variations were fair and reasonable and were in line with the objectives of the Fair Work Act. The Commission approved the application for variation, allowing the changes to the enterprise agreement to proceed.

As a result of the decision, the Fair Work Commission issued a determination approving the variation of the Wormald Fire Systems Service (ACT) Enterprise Agreement. The changes to the classification and rates of pay for certain employees were implemented in accordance with the approved variation, subject to the terms and conditions specified in the determination.

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