DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/6137)

WORMALD, BRISBANE FIRE EQUIPMENT DEPARTMENT FIELD TECHNICIAN ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Wormald, Brisbane Fire Equipment Department Field Technician Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wormald, Brisbane Fire Equipment Department Field Technician 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] 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 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.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2016. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald, the applicant, sought approval of the Wormald, Brisbane Fire Equipment Department Field Technician Enterprise Agreement 2016-2019. The applicant sought approval from the Fair Work Commission under section 234 of the Fair Work Act 2009. The applicant argued that the agreement should be approved as it provided for terms and conditions of employment of certain employees that were better than the applicable award provisions. The applicant submitted that the agreement provided for a number of improvements in pay and conditions for employees, including the introduction of shift differentials and a loading for weekend work. The dispute was heard by Deputy President M J Ryan. The principal legal issue was whether the agreement provided for terms and conditions that were better than the applicable award provisions. The Commission found that the agreement did provide for terms and conditions that were better than the applicable award provisions. The Commission noted that the agreement provided for a number of improvements in pay and conditions for employees, including the introduction of shift differentials and a loading for weekend work. The Commission was satisfied that the agreement was not contrary to the public interest and accordingly approved the agreement. The applicant’s application was accordingly successful. The Fair Work Commission approved the agreement as an enterprise agreement under section 234 of the Fair Work Act 2009.

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