Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1828)

Waco Kwikform Limited Sydney Warehouse / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 JUNE 2022

Application for approval of the Waco Kwikform Limited Sydney Warehouse / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited Sydney Warehouse / CFMEU Collective Agreement 2022-2025 (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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a proposed collective agreement with Waco Kwikform Limited concerning their Sydney warehouse employees. The union aimed to formalise the terms of employment for a three-year period from 2022 to 2025. The key issues before the commission involved whether the proposed agreement met the necessary legal standards under the Fair Work Act 2009, including whether it adhered to the "better off overall test" and covered all required terms. The commission had to determine if the agreement would provide employees with benefits that outweighed any disadvantages, and whether it included essential provisions such as minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission carefully examined the proposed agreement, assessing its compliance with the statutory requirements. The commission considered the financial implications for employees and the fairness of the terms proposed. It also evaluated whether the agreement would result in employees being better off overall. The commission found that the proposed agreement met the "better off overall test" and included all necessary provisions as required by the Fair Work Act. It determined that the agreement provided employees with improved conditions and benefits, ensuring they were not disadvantaged by the proposed terms.

Consequently, the Fair Work Commission approved the Waco Kwikform Limited Sydney Warehouse / CFMEU Collective Agreement 2022-2025. The commission concluded that the agreement was fair and met all statutory requirements, providing a balanced and beneficial outcome for the employees. This approval formalised the employment terms between the union and the company for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established