Wormald Australia Pty Ltd T/A Wormald Summary

[2023] FWCA 1578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2023/1232)

WORMALD SYDNEY PASSIVE DIVISION ENTERPRISE AGREEMENT 2022-2026

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 1 JUNE 2023

Application for approval of the Wormald Sydney Passive Division Enterprise Agreement 2022-2026

Wormald Australia Pty Ltd T/A Wormald has applied for approval of a single enterprise agreement known as the Wormald Sydney Passive Division Enterprise Agreement 2022-2026 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 8 June 2023. The nominal expiry date of the Agreement is 1 November 2026.

The flexibility and consultation terms in the Agreement do not contain all of the prescribed content. The model flexibility and model consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wormald Australia Pty Ltd T/A Wormald applied to the Fair Work Commission for approval of the Wormald Sydney Passive Division Enterprise Agreement 2022-2026. The application was made by the employer, who sought to implement changes to the agreement to reflect a restructure of the passive division of the business. The dispute centred on whether the proposed changes to the agreement were procedurally and substantively compliant with the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner J A F M C Ryan, was tasked with determining whether the application for approval of the enterprise agreement should be granted.

The central legal issue before the Commission was whether the application for approval of the proposed changes to the enterprise agreement was valid and whether the agreement itself met the statutory requirements under the Fair Work Act. Specifically, the Commission needed to assess whether the changes to the agreement were made in good faith, and whether the agreement provided for the minimum terms and conditions of employment as required by the Act. Additionally, the Commission had to consider whether the proposed changes were consistent with the principles of the enterprise bargaining system and whether the agreement adequately facilitated the restructuring of the passive division of the business.

The Commission found that the application for approval of the enterprise agreement was valid and that the proposed changes met the statutory requirements under the Fair Work Act. The employer had demonstrated that the changes to the agreement were made in good faith and that the agreement provided for the minimum terms and conditions of employment. The Commission also concluded that the changes were consistent with the principles of the enterprise bargaining system and that the agreement facilitated the restructuring of the passive division of the business. As a result, the Commission approved the application for approval of the enterprise agreement.

The Fair Work Commission approved the application for approval of the Wormald Sydney Passive Division Enterprise Agreement 2022-2026, confirming that the proposed changes to the agreement were procedurally and substantively compliant with the Fair Work Act. The Commission found that the changes were made in good faith and facilitated the restructuring of the passive division of the business, and that the agreement provided for the minimum terms and conditions of employment. The employer is now able to implement the changes to the agreement as approved by the Commission.

Wormald Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established