DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4177)

WACO KWIKFORM LIMITED RYDALMERE YARD / CFMEU COLLECTIVE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Waco Kwikform Limited Rydalmere Yard / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Waco Kwikform Limited Rydalmere Yard / CFMEU Collective Agreement 2016-2018 (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, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement with Waco Kwikform Limited. The application was heard by the Fair Work Commission. The union and the employer had reached an agreement covering terms and conditions of employment for employees of the company. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that the agreement met all necessary conditions, while the employer contended that certain provisions were not compliant.

The court needed to determine whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it had been appropriately registered. The union contended that the agreement was fair and reasonable, having been negotiated in good faith with proper representation. The employer, on the other hand, raised objections regarding the agreement's compliance with the statutory minimum terms and conditions.

The Fair Work Commission found that the agreement met all procedural and substantive requirements. It was satisfied that the agreement was made in good faith and contained all necessary prescribed terms and conditions. The Commission further found that the agreement was fair and reasonable, taking into account the nature of the industry and the specific circumstances of the parties. The Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The Commission approved the Waco Kwikform Limited Rydalmere Yard / CFMEU Collective Agreement 2016-2018, determining that it met all necessary requirements under the Fair Work Act. This decision reinforces the importance of ensuring that enterprise agreements comply with statutory provisions to maintain fairness and balance in the employment relationship.

Construction, Forestry, 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