Wormald Australia Pty Ltd T/A Wormald Summary

[2024] FWCA 2135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2024/1913)

WORMALD SYDNEY MINOR WORKS FIRE ALARM ENTERPRISE AGREEMENT 2024-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 11 JUNE 2024

Application for approval of the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2024-2026 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

Pursuant to s.202(4) of the Act, the model flexibility 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 18 June 2024. The nominal expiry date of the Agreement is 1 December 2026.

COMMISSIONER
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CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for approval of the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2024-2026. The application concerned employees working on minor works fire alarm projects in Sydney. The dispute centred around the terms and conditions of the proposed enterprise agreement, including wages, hours, and other employment conditions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, specifically if it provided for a minimum rate of pay, reasonable hours of work, and other terms that complied with the safety net provisions of the Act. The Commission also had to determine if the agreement was made in good faith and whether it was appropriately certified as a simple or low-complexity enterprise agreement.

The Fair Work Commission found that the proposed agreement met all the necessary statutory requirements. It provided for minimum rates of pay and reasonable hours of work, and the Commission was satisfied that the agreement had been made in good faith. The agreement was certified as a simple enterprise agreement, which meant it did not require extensive negotiation processes. As a result, the Commission approved the agreement under section 234 of the Fair Work Act 2009. The decision was made on the basis that the agreement was fair and appropriate for the employees covered by it.

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