DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/2914)

WORMALD AND CEPU PLUMBING DIVISION SPRINKLER PIPE FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT SYDNEY SERVICE 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	SYDNEY, 18 MAY 2016

Application for approval of the Wormald and CEPU Plumbing Division Sprinkler Pipe Fitting / Fire Protection Enterprise Agreement 2016 - 2019 Sydney.

[1] An application has been made for approval of an enterprise agreement known as the Wormald and CEPU Plumbing Division Sprinkler Pipe Fitting / Fire Protection Enterprise Agreement Sydney Service 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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 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, made an application to the Fair Work Commission for approval of the Wormald and CEPU Plumbing Division Sprinkler Pipe Fitting/Fire Protection Enterprise Agreement 2016-2019. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the procedural fairness of the bargaining process leading to the agreement and the compliance of the agreement with the Fair Work Act 2009.

The legal issues before the Fair Work Commission involved whether the bargaining process was conducted in good faith and whether the agreement met the requirements of the Fair Work Act, including the need for the agreement to provide for the "efficient determination of enterprise matters." The CFMEU argued that the bargaining process was not fair and that the agreement did not adequately address certain terms and conditions of employment, particularly in relation to the classification and pay rates of employees.

The Commission examined the evidence presented regarding the bargaining process and found that while there were some procedural irregularities, these did not significantly undermine the overall fairness of the process. The Commission concluded that Wormald had made a genuine effort to reach an agreement with the union and that the agreement, as a whole, provided for the efficient determination of enterprise matters. The Commission approved the agreement, noting that it provided for appropriate mechanisms to address any future disputes or changes in the enterprise.

The Commission's decision was based on a careful consideration of the evidence and the requirements of the Fair Work Act. The approval of the agreement was subject to certain conditions, including the establishment of a Joint Consultative Committee and the requirement for the parties to engage in good faith negotiations regarding any future changes to the agreement. The decision emphasised the importance of procedural fairness in the bargaining process and the need for agreements to be fair and reasonable in all their terms.

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