DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2017/5671)

WORMALD AND CEPU - PLUMBING DIVISION / WORMALD SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT NEWCASTLE 2016-2020

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JANUARY 2018

Application for variation of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020.

[1] An application has been made for approval of a variation to the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020 (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 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.

[5] 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.

[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 9 January 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 to vary the terms of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020. The applicant sought to amend the agreement to include an additional clause concerning the use of apprentices. The Australian Council of Trade Unions was the respondent in the case.

The legal issues before the Commission were whether the proposed variation was appropriate and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider whether the variation was in the best interests of the employees and whether it met the requirements for an authorised variation under section 234 of the Act. The Commission also needed to determine if the variation would have any adverse effects on the employees.

In determining the appropriate outcome, the Commission considered the evidence provided by both parties and the impact the variation would have on the employees. The Commission found that the proposed variation was in the best interests of the employees and met the requirements for an authorised variation under section 234 of the Act. The Commission was satisfied that the variation would not have any adverse effects on the employees and approved the variation. The Fair Work Commission varied the agreement as requested by the applicant.

The Fair Work Commission ordered that the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020 be varied to include the additional clause concerning the use of apprentices as proposed by the applicant. The variation came into effect from the date of the Commission's decision.

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