DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2017/2650)

WORMALD SYDNEY MINOR WORKS FIRE ALARM ENTERPRISE AGREEMENT 2017 - 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 29 AUGUST 2017

Application for approval of the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2017 - 2020 (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.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2017. The nominal expiry date of the Agreement is 29 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2017-2020. The applicants sought the approval of the agreement for the purpose of establishing the terms and conditions of employment for employees in the minor works fire alarm division of Wormald’s Sydney operations. The application was made under the Fair Work Act 2009. The Commission was required to decide whether the agreement met the criteria for registration as a simple or low-paid enterprise agreement.

The primary issue for the Commission was whether the agreement met the definition of a low-paid enterprise agreement as outlined in the Fair Work Regulations 2009. Specifically, the Commission needed to determine whether the employees covered by the agreement were predominantly low-paid employees, as this would allow for the agreement to be registered despite not meeting the usual requirements of a simple enterprise agreement. The Commission examined the terms of the agreement and the classification of employees to ascertain whether the majority of employees were low-paid. This included assessing the average earnings of employees covered by the agreement and comparing them to the relevant thresholds specified in the regulations.

In its decision, the Fair Work Commission found that the majority of employees covered by the agreement were low-paid, as their average earnings fell below the specified threshold. Consequently, the Commission concluded that the agreement qualified as a low-paid enterprise agreement. The Commission approved the agreement based on its findings that the agreement met the criteria for registration and that it did not contain any terms that were contrary to the provisions of the Fair Work Act. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it.

The Fair Work Commission approved the Wormald Sydney Minor Works Fire Alarm Enterprise Agreement 2017-2020, determining that it met the criteria for registration as a low-paid enterprise agreement. The agreement was registered and became effective from the date of the decision. The employees covered by the agreement would now be governed by the terms and conditions set out in the approved agreement.

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