DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2017/2031)

WORMALD SYDNEY FIRE ALARM EMERGENCY SERVICE ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2017

Application for approval of the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2016-2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 June 2017 and, in accordance with s.54, will operate from 28 June 2017. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

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 for approval of the Wormald Sydney Fire Alarm Emergency Service Enterprise Agreement 2016-2019. The applicant sought to amend the existing agreement to allow for a change in work hours and the introduction of a new roster system. The application was opposed by the Retail and Fast Food Workers Union of Victoria, the recognised union for the relevant employees.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether the applicant had followed the necessary procedural requirements. The Commission had to consider the fairness and reasonableness of the proposed changes, including the impact on employees, and whether the application complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to determine whether the applicant had given the union and employees proper notice of the proposed changes and provided sufficient information for them to make an informed decision.

The Fair Work Commission found that the proposed changes to the enterprise agreement were fair and reasonable, and that the applicant had followed the necessary procedural requirements. The Commission noted that the changes were intended to improve efficiency and reduce costs, and that the applicant had provided adequate information to the union and employees. The Commission also found that the proposed changes would not have a significant adverse impact on the employees, as they would continue to be paid for all hours worked and would have the opportunity to refuse rostered shifts. The Commission approved the application, and the amended agreement came into effect on 1 January 2017.

The Commission also made orders to ensure that the agreement complied with the relevant provisions of the Fair Work Act 2009. These included orders that the applicant provide the union and employees with a copy of the amended agreement, and that the applicant take all reasonable steps to ensure that the employees were aware of the changes. The Commission further ordered that the applicant provide the union with a written statement setting out the reasons for the changes and the effect they would have on the employees. These orders were intended to ensure that the agreement was transparent and that the employees were able to make an informed decision about whether to accept the changes.

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