DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2016/2805)

WORMALD AND CEPU - PLUMBING DIVISION / WORMALD SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT NEWCASTLE 2016-2020

Plumbing industry
COMMISSIONER GREGORY	SYDNEY, 18 MAY 2016

Application for approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020 (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, applied for the approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2016-2020. The application was made under section 231 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and the union, which resulted in an enterprise agreement that needed approval by the Fair Work Commission.

The legal issues before the court included whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections 231 and 235. The court had to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the court needed to assess whether the agreement complied with the good faith bargaining provisions under the Act.

The Fair Work Commission found that the proposed agreement complied with the Fair Work Act. The agreement provided for fair and reasonable terms and conditions for the employees and met all the necessary criteria for approval. The Commission noted that the agreement had been negotiated in good faith and that it provided for appropriate protections for employees. The court was satisfied that the agreement was in the best interests of the employees and did not contain any terms that were contrary to public policy. The application for approval was granted, and the agreement was registered.

The Fair Work Commission made orders approving the agreement and registering it under the Fair Work Act. The agreement was to be in effect from the date of registration and would remain in force until the earlier of its expiry or termination in accordance with its terms. The court's decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of employment covered by the agreement.

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