DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/5407)

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

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Wormald, Gold-Coast 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, Gold-Coast 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] 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.

[4] Clause 27 of the Agreement incorporates the model flexibility term prescribed by the Fair Work Regulations 2009. A copy of the model term is attached at Annexure B.

[5] Clause 28 of the Agreement incorporates the model consultation term prescribed by the Fair Work Regulations 2009. A copy of the model term is attached at Annexure C.

[6] The Agreement was approved on 14 October 2016 and, in accordance with s.54, will operate from 21 October 2016. The nominal expiry date of the Agreement is 19 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

Annexure C

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, sought approval for an enterprise agreement covering the Gold-Coast Fire Equipment Department Field Technicians. The application was made before the Fair Work Commission, which was required to decide whether the agreement met the statutory requirements for approval. The key legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly in terms of the process followed to secure the agreement and the substantive terms of the agreement.

The Commission found that the process followed to secure the agreement was compliant with the Act, as it was negotiated in good faith and the necessary steps were taken to inform and consult with the relevant employees. Regarding the substantive terms, the Commission considered whether they were fair and reasonable. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits, which were not detrimental to the employees. The Commission also considered the impact of the agreement on the employees' ability to maintain a reasonable standard of living and found that it did not unduly prejudice the employees.

The Fair Work Commission approved the enterprise agreement, finding that it met the statutory requirements and was fair and reasonable. The agreement was approved subject to certain conditions, including the requirement for the parties to provide information to the Commission on the implementation of the agreement. This decision provides guidance for employers and employees on the requirements for an enterprise agreement to be approved by the Commission.

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