Wormald Australia Pty Ltd Trading AS Wormald

Case [2025] FWCA 2603


[2025] FWCA 2603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd Trading AS Wormald

(AG2025/2298)

WORMALD FIRE ALARM TESTING ENTERPRISE AGREEMENT PERTH 2025 - 2028

Electrical contracting industry

COMMISSIONER SCHNEIDER

PERTH, 5 AUGUST 2025

Application for approval of the Wormald Fire Alarm Testing Enterprise Agreement Perth 2025 - 2028

  1. Wormald Australia Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Wormald Fire Alarm Testing Enterprise Agreement Perth 2025 - 2028 (the Agreement).

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

  1. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 2009 is taken to be a term of the Agreement.

  1. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic, and Communications Contracting Award 2020 is taken to be a term of the Agreement. 

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 August 2025. The nominal expiry date of the Agreement is 30 April 2028.


COMMISSIONER

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Details
AGLC
Wormald Australia Pty Ltd Trading AS Wormald [2025] FWCA 2603
Case
[2025] FWCA 2603
Decision Date

CaseChat Overview and Summary

Wormald Australia Pty Ltd, trading as Wormald, applied for approval of the Wormald Fire Alarm Testing Enterprise Agreement Perth 2025-2028. The dispute was heard in the Fair Work Commission. The key issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions.

The Commission considered whether the agreement had been genuinely negotiated and if it contained the necessary minimum terms and conditions. Additionally, the Commission assessed whether the agreement was consistent with the national workplace relations system and if it provided for a fair and reasonable outcome for the employees involved. After reviewing the submissions and evidence presented, the Commission found that the agreement met all the statutory requirements and provided for fair and reasonable terms and conditions.

The Commission approved the agreement, stating that it had been genuinely negotiated, contained all the necessary minimum terms and conditions, and was consistent with the national workplace relations system. The agreement now provides the terms and conditions for employees covered by the agreement for the period 2025 to 2028.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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