Application for approval of the Wormald (Perth) and CEPU - Plumbing Division (WA) Fire Protection Enterprise Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the Wormald (Perth) and CEPU - Plumbing Division (WA) Fire Protection 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 Trading AS Wormald (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 September 2024 and the Agreement was made on 7 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

[4] The Applicant has provided written undertakings (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.

[5] I note that clause 6 of the Agreement variously refers to the "Sprinkler Pipe Fitters Award" and the "Plumbing Sprinkler Pipe Fitters Award 2020". For the avoidance of doubt I can confirm that the correct Award is the Plumbing and Fire Sprinklers Award 2020.

[6] The Agreement did not specifically contain a delegates' rights term. Consistent with section 205A of the Act the delegates' rights clause from the Plumbing and Fire Sprinklers Award 2020 is included as a term of the Agreement.

[7] A potential BOOT issue arose with clause 17.1 which deals with inclement weather. The Applicant advises that this clause is not currently utilised, and it is not foreseeable that it will be utilised during the life of the Agreement. As such, I am satisfied that the BOOT concern does not arise.

[8] 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.

[9] The 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2025. The nominal expiry date of the Agreement is 1 January 2028.

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