DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/6638)

WORMALD SE QLD SPRINKLER PIPE FITTING ENTERPRISE AGREEMENT 2016 - 2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Wormald SE QLD Sprinkler Pipe Fitting Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Wormald SE QLD Sprinkler Pipe Fitting Enterprise Agreement 2016 - 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 17 November 2016. The nominal expiry date of the Agreement is 19 August 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 South East Queensland Sprinkler Pipe Fitting Enterprise Agreement 2016-2020. The applicants sought the agreement's approval under section 233 of the Fair Work Act 2009. The legal issues before the commission included whether the agreement met the requirements of section 230 of the Act, specifically whether it was a new agreement and whether it had been fairly negotiated. Additionally, the commission had to consider whether the agreement complied with the provisions of section 231 of the Act, including whether it provided for the protection of employees' interests and whether it was in the public interest.

The commission found that the agreement was a new enterprise agreement and had been fairly negotiated. The agreement provided for the protection of employees' interests and complied with the provisions of section 231 of the Act. The commission also found that the agreement was in the public interest, as it provided for a fair and reasonable outcome for both employees and employers. The commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement's provisions relating to overtime, shift penalties, and the inclusion of a clause allowing for the agreement to be varied by the parties.

The final orders of the commission included the approval of the Wormald South East Queensland Sprinkler Pipe Fitting Enterprise Agreement 2016-2020, subject to the modifications made by the commission. The commission also ordered that the agreement be registered with the Fair Work Commission and that it be brought into effect on the date of the commission's decision. The applicants were directed to provide the commission with a copy of the agreement as modified and registered within 14 days of the decision. The decision of the commission was final and binding on all parties.

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