DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6820)

WACO KWIKFORM LIMITED (QLD) AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 JANUARY 2019

Application for approval of the Waco Kwikform Limited (QLD) and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited (QLD) and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the Waco Kwikform Limited (QLD) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the collective agreement for the specified period. The court was tasked with determining whether the agreement met the statutory requirements for approval, including considerations of the process by which the agreement was formed and its compliance with the relevant legislative framework.

The primary legal issue the court had to address was whether the collective agreement had been made in accordance with the processes outlined in the Fair Work Act. This involved examining the bargaining process to ensure it complied with the requirements for good faith bargaining, the representation of employees, and the absence of any undue influence or coercion. Additionally, the court had to consider whether the agreement contained provisions that were fair and reasonable, including those related to wages, conditions of employment, and other terms and conditions.

In delivering its decision, the court examined the evidence presented regarding the formation of the agreement. It assessed the processes followed during the bargaining period, the representation of the employees, and the absence of any procedural irregularities or unfair practices. The court also evaluated the terms of the agreement to determine if they were fair and reasonable, taking into account the economic and social context of the industry and the interests of both parties. After thorough consideration, the court found that the agreement had been made in good faith and contained provisions that were fair and reasonable. Consequently, the court approved the collective agreement.

The final orders of the court were to approve the Waco Kwikform Limited (QLD) and CFMEU Union Collective Agreement 2018-2019, recognising its validity and enforceability under the Fair Work Act. The approval was contingent upon the continued compliance with the terms and conditions set out in the agreement by both parties.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established