Wormald Australia Pty Ltd Trading As Wormald

[2025] FWCA 1468

[2025] FWCA 1468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd Trading As Wormald

(AG2025/949)

WORMALD AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2025 - 2028

Plumbing industry
COMMISSIONER YILMAZ	MELBOURNE, 2 MAY 2025

Application for approval of the Wormald Australia Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Department Enterprise Agreement 2025 - 2028

1. An application has been made for approval of an enterprise agreement known as the Wormald Australia Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Department Enterprise Agreement 2025 - 2028 (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 Trading As 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, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 19.11.4, 21, 39.1, 39.2, 40, 42, 43.2 and 56.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the Applicant has provided a NES precedence clause as part of their written undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I note a discrepancy in the title of the Agreement in clause 1. Clause 1 omitted the words ‘Fire Protection’ however other references to the Agreement’s title included the words. The Employer confirmed the correct title is the title noted above. I am satisfied that this constitutes an obvious error, defect, or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

1. Clause 23.2 also contained a drafting error whereby the clause was incomplete. The Employer has confirmed the clause should state ‘When notice is given in accordance with Clause 21 – TERMINATION OF EMPLOYMENT, monies due to the employee will be paid at the time of termination. Where this is not practicable, they will be sent by registered post or, if the employee is normally paid by electronic funds transfer, monies due will be transferred into the employee's account within two working days.’ I am satisfied that this constitutes an obvious error, defect, or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 9 May 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A