DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6497)

WACO KWIKFORM LIMITED / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

Application for approval of the Waco Kwikform Limited / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited / CFMEU Collective Agreement 2017 - 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Waco Kwikform Limited and the Construction, Forestry, Mining and Energy Union (CFMEU) seeking approval of their collective agreement for the period 2017-2018. The application was heard by the Fair Work Commission in Australia. The dispute centred around the terms of the proposed collective agreement, including wage rates, working conditions, and other employment-related matters. The CFMEU argued that the agreement was fair and reasonable, while Waco Kwikform Limited contended that certain provisions were not in line with industry standards or fair market conditions.

The legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring fairness and reasonableness. The Commission had to determine if the agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with any relevant award or registered agreement. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employees and the employer.

In reaching its decision, the Commission examined the specifics of the proposed agreement, taking into account submissions from both parties. It evaluated the fairness of the terms and conditions, considering industry benchmarks, economic factors, and the broader context of employment relations. The Commission concluded that the agreement, while not perfect, was fair and reasonable for the employees and did not disadvantage the employer. The Commission approved the collective agreement, noting that it adequately addressed the needs and expectations of both parties while conforming to the statutory requirements.

The Fair Work Commission's final order was the approval of the Waco Kwikform Limited / CFMEU Collective Agreement 2017-2018, effective from the date of the decision. The Commission's approval ensures that the terms of the agreement are legally binding on both parties and can be enforced under the Fair Work Act.

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