Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/935)

WACO KWIKFORM LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 APRIL 2023

Application for approval of the Waco Kwikform Limited and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application to the Fair Work Commission (FWC) for approval of a collective agreement between itself and Waco Kwikform Limited. The agreement, which was set to span from 2020 to 2022, aimed to establish terms and conditions of employment for the workers within the organisation. The FWC was tasked with ensuring the agreement met the criteria set forth by the Fair Work Act 2009, particularly with regard to the promotion of workplace harmony and the avoidance of industrial action.

The legal issues before the FWC included whether the proposed agreement would result in improved working conditions for employees, whether the agreement would lead to increased productivity and efficiency, and whether it would foster a cooperative workplace culture. The FWC also needed to consider whether the agreement contained provisions that were contrary to public policy or that could lead to industrial action.

The FWC found that the proposed agreement had a number of positive features, including provisions for flexible working arrangements and increased training opportunities. The FWC was also satisfied that the agreement contained provisions aimed at promoting workplace harmony and avoiding industrial action. However, the FWC noted that the agreement contained provisions that could potentially lead to disputes between the parties in the future. Ultimately, the FWC was satisfied that the benefits of the agreement outweighed any potential drawbacks and approved the agreement. The FWC found that the agreement met the requirements of the Fair Work Act and would promote improved working conditions for employees and a cooperative workplace culture. The FWC approved the Waco Kwikform Limited and CFMEU Union Collective Agreement 2020-2022.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established