Wormald Australia Pty Ltd T/A Wormald

[2023] FWCA 2156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2023/2044)

WORMALD AND CEPU – PLUMBING DIVISION/WORMALD SPRINKLER FITTING/FIRE PROTECTION ENTERPRISE AGREEMENT SYDNEY MINOR WORKS 2023 – 2026

Plumbing industry
COMMISSIONER CRAWFORD	SYDNEY, 12 JULY 2023

Application for approval of the Wormald and CEPU -Plumbing Division/ Wormald Sprinkler Fitting/Fire Protection Enterprise Agreement Sydney Minor Works 2023-2026

An application has been made for approval of an enterprise agreement known as the Wormald and CEPU – Plumbing Division/Wormald Sprinkler Fitting/Fire Protection Enterprise Agreement Sydney Minor Works 2023 - 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 (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate from seven days after it is approved in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald applied to the Fair Work Commission for approval of an enterprise agreement, which is intended to regulate the terms and conditions of employment for minor works employees in the Sydney region from 2023 to 2026. The parties involved in this agreement are Wormald Australia Pty Ltd, also trading as Wormald, and the CEPU - Plumbing Division/ Wormald Sprinkler Fitting/Fire Protection. The nature of the dispute was the need to approve the proposed enterprise agreement to ensure the continued operation of the minor works sector in Sydney.

The legal issues the court was required to decide involved assessing whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the scope, fairness, and procedural aspects of the agreement. The court needed to determine if the agreement met the criteria for approval, including ensuring that it provided for a fair and reasonable process for resolving disputes, and that it was made in good faith and without coercion.

The court's reasoning and outcome focused on the procedural fairness of the agreement. The court determined that the proposed agreement was made in good faith and without coercion. The court found that the process for negotiating the agreement was fair, as both parties had an opportunity to participate in the negotiation process, and that the agreement was made without any undue influence or pressure from either party. The court also found that the agreement provided for a fair and reasonable process for resolving disputes, and that it was consistent with the principles of procedural fairness.

As a result, the Fair Work Commission approved the Wormald and CEPU - Plumbing Division/ Wormald Sprinkler Fitting/Fire Protection Enterprise Agreement Sydney Minor Works 2023-2026. The final orders of the court included the approval of the agreement, which will now regulate the terms and conditions of employment for minor works employees in the Sydney region for the next three years. The decision confirms the importance of ensuring that enterprise agreements are made in good faith, without coercion, and that they provide for a fair and reasonable process for resolving disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established