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[8]
austlii:cth/FWCA/2026/583
General information, not legal advice.
FWCA
2026-03-06
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
WORMALD FST ALARMS AGREEMENT SOUTH AUSTRALIA -2025 - 2028
Application for approval of the Wormald FST Alarms Agreement South Australia -2025 - 2028
[1] An application has been made for approval of an enterprise agreement known as the Wormald FST Alarms Agreement South Australia -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 (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 19 January 2026. Therefore, pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] The Agreement does not contain a delegates' rights term that is no less favourable than the modern award, pursuant to s.205A of the Act. On that basis, clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 will apply and the delegates' rights term in the Agreement at clause 36 will have no effect.
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 13 March 2026. The nominal expiry date of the Agreement is 6 March 2029.
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