DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/3175)

WORMALD NEWCASTLE INSTALLATIONS FIRE ALARMS DIVISION 2016 – 2019 ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 MAY 2016

Application for approval of the Wormald Newcastle Installations Fire Alarms Division 2016 – 2019 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Newcastle Installations Fire Alarms Division 2016 – 2019 Enterprise Agreement (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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 25 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald Newcastle Installations Fire Alarms Division 2016 – 2019 Enterprise Agreement. The applicants were represented by Mr. D.J. Smith of Counsel and Mr. G.J. O’Brien, while the respondents were represented by Mr. T.M. Davies of Counsel and Mr. P.F. Williams. The dispute arose between the employer and the employees in the Newcastle Installations Fire Alarms Division, with the main contention being over the terms and conditions of employment as outlined in the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement met the requirements of section 230 of the Fair Work Act 2009, particularly in terms of procedural fairness, and whether it contained any terms that would undermine the health, safety, or welfare of employees. The Commission had to assess if the agreement provided for the appropriate bargaining, whether it adhered to the good faith bargaining principles, and whether it was fair and reasonable in terms of its provisions.

The Fair Work Commission, after careful consideration, found that the agreement did meet the necessary requirements under the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The Commission also found that the agreement did not undermine the health, safety, or welfare of the employees. Therefore, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements and its fairness in terms of its provisions.

The final orders of the Fair Work Commission included the approval of the Wormald Newcastle Installations Fire Alarms Division 2016 – 2019 Enterprise Agreement, effective from the date of the decision, subject to the conditions and terms as set out in the agreement. The Commission also noted that the agreement would now be registered with the Fair Work Commission, and it would be binding on all parties involved.

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