DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/2771)

WORMALD NEWCASTLE FIRE EQUIPMENT SERVICE AND SALES DIVISION EMPLOYEE ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Wormald Newcastle Fire Equipment Service and Sales Division Employee Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Newcastle Fire Equipment Service and Sales Division Employee Enterprise Agreement 2015-2018 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2016. The nominal expiry date of the Agreement is 21 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wormald Australia Pty Ltd trading as Wormald, applied to the Fair Work Commission for approval of the Wormald Newcastle Fire Equipment Service and Sales Division Employee Enterprise Agreement 2015-2018. The Commission was asked to determine whether the agreement was in the interests of the employees of the business and if it met the requirements of the Fair Work Act 2009. The dispute arose from the negotiation of the agreement, which was made between the applicant and the Australian Manufacturing Workers Union.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and if it was in the interests of the employees. The applicant argued that the agreement had been negotiated in good faith and was in the best interests of the employees. The Commission had to assess if the agreement was made fairly and if it provided an appropriate balance between the interests of the employees and the business.

The Commission found that the agreement was made in good faith and complied with the procedural requirements of the Fair Work Act. The agreement provided for a fair and reasonable balance between the interests of the employees and the business. The Commission considered the economic circumstances, the need for flexibility and adaptability in the workplace, and the interests of the employees, including their need for job security and adequate remuneration. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement.

The Fair Work Commission approved the Wormald Newcastle Fire Equipment Service and Sales Division Employee Enterprise Agreement 2015-2018. The agreement was deemed to be in the best interests of the employees and complied with the procedural requirements of the Fair Work Act. The approval of the agreement allows the terms and conditions of employment to be set out in the agreement, providing certainty and stability for both the employees and the business.

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