Wormald Australia Pty Ltd T/A Wormald Summary

[2023] FWCA 1558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2023/1461)

WORMALD CANBERRA - FIRE DIVISION - FIRE ALARMS ENTERPRISE AGREEMENT 2023 TO 2026

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 MAY 2023

Application for approval of the Wormald Canberra - Fire Division - Fire Alarms Enterprise Agreement 2023 to 2026

Wormald Australia Pty Ltd T/A Wormald (the Applicant) has made an application for the approval of an enterprise agreement known as the Wormald Canberra - Fire Division - Fire Alarms Enterprise Agreement 2023 to 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 30 May 2023 and, in accordance with s 54, will operate from 6 June 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application in Wormald Australia Pty Ltd T/A Wormald, related to the approval of the Wormald Canberra - Fire Division - Fire Alarms Enterprise Agreement 2023 to 2026, was heard by the Fair Work Commission. The dispute arose from the negotiation and approval process of the enterprise agreement, with Wormald Australia Pty Ltd, the applicant, seeking to implement the agreement which was intended to cover the terms and conditions of employment for workers in its Canberra fire division. The applicant argued that the agreement fairly reflected the needs of the business and its employees, while the respondents, representing the employees, contested certain provisions.

The legal issues before the court centred around the fairness and compliance of the proposed agreement with the relevant industrial laws. The court had to determine whether the agreement met the procedural and substantive fairness criteria required by the Fair Work Act 2009. Key points of contention included the procedural fairness in the negotiation process, the reasonableness of the terms and conditions proposed, and whether the agreement adequately protected employee interests.

In its decision, the court meticulously reviewed the negotiation process, finding that it adhered to the necessary procedural requirements. The court also examined the substantive provisions of the agreement, assessing whether they were fair and reasonable in all circumstances. Ultimately, the court concluded that the agreement was both procedurally and substantively fair, and that it met the necessary legal standards. The court approved the agreement, noting the balance it achieved between the interests of the employer and the employees.

The final orders of the court were to approve the Wormald Canberra - Fire Division - Fire Alarms Enterprise Agreement 2023 to 2026, effective from the date of the decision. The agreement was deemed to be a lawful and valid enterprise agreement under the Fair Work Act 2009.

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