DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2017/1629)

WORMALD MACKAY SERVICE FIRE ALARM/ ELECTRICAL ENTERPRISE AGREEMENT 2016-2019 2017-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the Wormald Mackay Service Fire Alarm/Electrical Enterprise Agreement 2016-2019 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Mackay Service Fire Alarm/ Electrical Enterprise Agreement 2016-2019 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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 14 June 2017.

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 the approval of an enterprise agreement. The agreement, titled the Wormald Mackay Service Fire Alarm/Electrical Enterprise Agreement 2017-2020, was to cover employees who were previously under the agreement titled the Wormald Mackay Service Fire Alarm/Electrical Enterprise Agreement 2016-2019. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The legal issues before the Fair Work Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made in accordance with the Act's provisions regarding the negotiation, certification, and approval of enterprise agreements. The Commission also had to determine if the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award and if it met the good faith bargaining test.

The Fair Work Commission determined that the agreement had been made in accordance with the Act's requirements. The Commission found that the agreement was the product of genuine attempts at conciliation and that it had been negotiated in good faith. The Commission also concluded that the agreement contained terms and conditions that were no less favourable than the applicable award or safety net award. Given these findings, the Commission approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Wormald Mackay Service Fire Alarm/Electrical Enterprise Agreement 2017-2020, effective from the date of the Commission's decision. The agreement will apply to the employees who were covered by the previous agreement. The approval ensures that the terms and conditions of employment for these employees are governed by the new agreement, which the Commission found to be compliant with the Fair Work Act and in the best interests of the employees.

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