Wormald Australia Pty Ltd T/A Wormald Summary

[2018] FWCA 784

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2017/4100)

Wormald, Integrated Systems, Sydney NSW Enterprise Agreement

Security services
Commissioner Lee	MELBOURNE, 7 FEBRUARY 2018

Application for approval of the Wormald, Integrated Systems, Sydney NSW Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Wormald, Integrated Systems, Sydney NSW 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.

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.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2018. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Wormald Australia Pty Ltd, trading as Wormald, versus the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) involved an application for the approval of an enterprise agreement. The agreement was between Wormald and its employees, who were members of the CFMEU. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The CFMEU opposed the application, arguing that the agreement did not fairly and adequately provide for the employees' conditions of employment.

The legal issues before the FWC were whether the proposed agreement met the criteria for approval under section 233 of the Fair Work Act. Specifically, the FWC had to consider whether the agreement provided for fair and adequate terms and conditions of employment, including minimum rates of pay, overtime, penalty rates, allowances, leave entitlements, and shift arrangements. The FWC also needed to assess whether the agreement provided for the resolution of any disputes that might arise between the parties and whether it was consistent with the national minimum safety and health standards.

The FWC found that the proposed agreement did provide for fair and adequate terms and conditions of employment. The agreement included provisions for minimum rates of pay, overtime, penalty rates, allowances, leave entitlements, and shift arrangements, which were consistent with the national minimum safety and health standards. The FWC also determined that the agreement provided for the resolution of any disputes that might arise between the parties, which was consistent with the requirements of the Fair Work Act. As such, the FWC approved the enterprise agreement.

The FWC's final orders were that the Wormald, Integrated Systems, Sydney NSW Enterprise Agreement was approved as a registered agreement under section 175 of the Fair Work Act. The agreement would be registered by the Commission and would come into effect on the date specified in the agreement. The CFMEU's application for review of the FWC's decision was dismissed.

Wormald Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established