Wormald Australia Pty Ltd Trading AS Wormald Summary

[2025] FWCA 991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wormald Australia Pty Ltd Trading AS Wormald

(AG2025/696)

WORMALD PORTABLE SERVICE AND SALES ADELAIDE SA ENTERPRISE AGREEMENT 2025 - 2028

Fire fighting services
COMMISSIONER REDFORD	MELBOURNE, 21 MARCH 2025

Application for approval of the Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Wormald Portable Service and Sales Adelaide SA 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 (Wormald). The Agreement is a single enterprise agreement.

Workplace Delegates Rights

As the Agreement does not contain a workplace delegates rights term, pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Consideration

On the basis of the material provided in support of the application, 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.

The Agreement is approved. While it provides that it will apply from the date of approval by the Commission, in accordance with s.54 of the Act it will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied to the Fair Work Commission for the approval of the Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2025-2028. The applicant sought the approval of the agreement to be made on the basis that it would have a beneficial effect on productivity, efficiency, and/or profitability. The dispute involved the terms and conditions of employment for employees covered by the proposed agreement, as well as the compliance of the agreement with the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment, whether the agreement was free from coercion and undue influence, and whether the agreement complied with the statutory requirements of the Fair Work Act. The Commission had to consider the evidence provided by both parties and assess the overall fairness and reasonableness of the agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions.

The Fair Work Commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including pay increases, improved leave entitlements, and the establishment of a new employee assistance program. The Commission also found that the agreement was not made under duress or undue influence, and that it was negotiated in good faith. The Commission approved the agreement on the basis that it would have a beneficial effect on productivity, efficiency, and/or profitability.

The Fair Work Commission approved the Wormald Portable Service and Sales Adelaide SA Enterprise Agreement 2025-2028, subject to the terms and conditions set out in the order. The agreement will now be registered with the Fair Work Commission, and will apply to the employees covered by the agreement from 1 July 2025 until 30 June 2028. The decision of the Fair Work Commission is final and binding on all parties, and cannot be appealed.

Wormald Australia Pty Ltd Trading AS Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established