DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/3369)

WORMALD & CEPU NSW CONSTRUCTION SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Wormald & CEPU NSW Construction Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wormald & CEPU NSW Construction Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, sought approval for a proposed enterprise agreement with the CEPU NSW Construction Sprinkler Fitting Fire Protection Union. The dispute was heard in the Fair Work Commission, where the Union contested the fairness of the agreement. The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it had been fairly negotiated and whether it contained all the prescribed minimum terms and conditions.

The Commission examined the evidence of the negotiation process and the content of the agreement. It found that the negotiations were conducted in good faith and that the agreement contained all the prescribed minimum terms. The Commission also considered the fairness of the agreement, including whether it provided for appropriate levels of employee protection and whether it was in line with broader economic and social policies. Ultimately, the Commission determined that the agreement was fair and met all the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the proposed enterprise agreement. The agreement will now govern the employment conditions of the union members for the period of 2015 to 2019. This decision provides clarity for both the employer and the union regarding the terms and conditions of employment during this period.

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