DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wormald Australia T/A Wormald
(AG2018/2137)

WORMALD ROCKHAMPTON & GLADSTONE FIRE ALARM SERVICE ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JUNE 2018

Application for variation of the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a variation to the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018 (the Agreement). The application was made by Wormald Australia T/A Wormald pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 1 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wormald Australia T/A Wormald applied for a variation of the Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018. The application was made by the employer to the Fair Work Commission. The nature of the dispute was that the employer sought to alter certain provisions of the enterprise agreement to reflect changes in the business environment and to improve operational efficiency. The legal issues before the Fair Work Commission involved whether the proposed changes were in accordance with the requirements of the Fair Work Act 2009 and whether the process of negotiation and consultation had been appropriately conducted.

The Fair Work Commission assessed the application by considering the statutory provisions and the process followed by the employer in proposing the changes. The Commission examined whether the employer had genuinely attempted to negotiate with the relevant employee representatives and whether the proposed changes were necessary to achieve a fair and efficient workplace. The Commission also considered the impact of the proposed changes on the employees and whether there were adequate protections and safeguards in place. After reviewing the submissions and evidence, the Fair Work Commission determined that the application met the statutory requirements and was in the best interest of the employees and the business. The Commission approved the variation of the enterprise agreement, allowing the employer to implement the proposed changes.

The Fair Work Commission's decision was based on the conclusion that the employer had made a genuine attempt to negotiate with the employee representatives and that the proposed changes were necessary to improve operational efficiency. The Commission also found that the process of consultation and negotiation had been appropriate and that the changes would not significantly disadvantage the employees. The Commission's decision was informed by the need to balance the interests of both the employer and the employees, ensuring that the workplace remains fair and efficient. The final orders of the Fair Work Commission approved the variation of the enterprise agreement as proposed by the employer, effective from the specified date.

Wormald Australia T/A Wormald

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established