WORMALD NEWCASTLE SERVICE FIRE ALARMS DIVISION 2026 - 2028 ENTERPRISE AGREEMENT

Application for approval of the Wormald Newcastle Service Fire Alarms Division 2026 - 2028 Enterprise Agreement

[1] Wormald Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Wormald Newcastle Service Fire Alarms Division 2026 - 2028 Enterprise Agreement (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

[3] The Employer 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[5] The Agreement does not contain a consultation term that meets the requirements of the FW Act.

[6] The Employees were asked to vote to approve the agreement after 26 February 2025. Therefore, pursuant to s.205(2) and Clause 107 of Schedule 1 of the FW Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] Clause 35 of the Agreement provides for a delegates' rights term that is less favourable than the workplace delegates' rights term in the Electrical, Electronic and Communications Contracting Award 2020 (Award). Pursuant to s.205A(2) of the FW Act, clause 26A of the Award is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 March 2026. The nominal expiry date of the Agreement is 18 March 2029.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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