Wormald Australia Pty Ltd T/A Wormald

Case [2023] FWCA 1765
[2023] FWCA 1765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2023/1648)

APPLICATION FOR APPROVAL OF THE WORMALD AND CEPU - PLUMBING DIVISION / WORMALD SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT SYDNEY TESTING 2023 - 2026

Plumbing industry

COMMISSIONER JOHNS

MELBOURNE, 16 JUNE 2023

Application for approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Testing 2023 - 2026

  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 SYDNEY TESTING 2023 - 2026 (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.

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. 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.

  1. 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) of the Act, I note that the Agreement covers the organisation.

  2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 1 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520379  PR763136>

Annexure A

Details
AGLC
Wormald Australia Pty Ltd T/A Wormald [2023] FWCA 1765
Case
[2023] FWCA 1765
Decision Date

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Testing 2023 - 2026. The Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The agreement was proposed to cover employees working in the plumbing division of Wormald, focusing on sprinkler fitting and fire protection.

The primary legal issues before the Commission were whether the agreement provided for the proper operation of the enterprise, complied with the good faith bargaining requirements, and was made in accordance with the relevant provisions of the Act. The Commission examined if the agreement contained terms that would ensure the enterprise's operational efficiency and whether it met the statutory requirements for enterprise agreements. Furthermore, the Commission needed to assess if the agreement was the result of genuine bargaining efforts between the employer and the employees' representatives.

In reaching its decision, the Commission considered the evidence provided by both parties and the content of the proposed agreement. The Commission found that the agreement provided for the proper operation of the enterprise and was made in good faith. It satisfied the requirements of the Act, including the provisions regarding good faith bargaining. The agreement contained terms that were deemed necessary for the efficient operation of the enterprise, and the Commission was satisfied that the agreement was a genuine result of the bargaining process. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting / Fire Protection Enterprise Agreement Sydney Testing 2023 - 2026. The agreement was deemed to meet the criteria for approval under the Fair Work Act 2009, ensuring that it provided for the proper operation of the enterprise and was made in accordance with the relevant provisions of the Act.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.