DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/6957)

WORMALD TOOWOOMBA FIRE ALARM ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the Wormald Toowoomba Fire Alarm Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Toowoomba Fire Alarm 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/As 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald, a company involved in the fire protection industry, sought approval of the Wormald Toowoomba Fire Alarm Enterprise Agreement 2016-2019 from the Fair Work Commission. The agreement was entered into between the company and the United Workers Union. The dispute centred on the terms of the agreement, specifically those concerning the classification of employees and the conditions of employment. The Fair Work Commission was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the agreement contained terms that were unfair to the employees, particularly in relation to the classification of workers and the conditions of their employment. The Commission needed to assess whether the agreement complied with the criteria for approval, including whether it provided for a safety net of minimum wages and conditions, and whether it was free from coercion, duress or undue influence. The Commission also had to consider whether the agreement was in the interests of the employees and the company.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, as well as relevant industry standards and benchmarks. The Commission found that the agreement was appropriate for approval, as it provided for a safety net of minimum wages and conditions, and contained no terms that were unfair to the employees. The Commission also found that the agreement was in the interests of both the employees and the company. The Fair Work Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission made orders approving the Wormald Toowoomba Fire Alarm Enterprise Agreement 2016-2019, subject to modifications. The modifications related to the classification of employees and the conditions of their employment, and were designed to ensure that the agreement complied with the Fair Work Act 2009. The Commission also made orders that the agreement be registered with the Fair Work Ombudsman.

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