DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4345)

WACO KWIKFORM LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

Application for approval of the Waco Kwikform Limited / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited / CFMEU Collective Agreement 2015 - 2017 (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, 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] 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 was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Waco Kwikform Limited/CFMEU Collective Agreement 2015-2017. The application was opposed by Waco Kwikform Limited, which raised concerns about several provisions within the agreement. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the Commission involved the validity and enforceability of specific provisions within the collective agreement. The opposition by Waco Kwikform Limited contested the fairness and reasonableness of certain clauses, particularly those that related to the terms and conditions of employment, including issues such as working hours, penalty rates, and dispute resolution mechanisms. The Commission had to determine whether these provisions complied with the requirements of the Fair Work Act 2009 and if they met the standards of good faith bargaining and fairness.

The Fair Work Commission meticulously reviewed the contested provisions, considering both the statutory framework and precedents set by previous rulings. The Commission found that the majority of the provisions were consistent with the principles of the Fair Work Act and were the result of genuine negotiations between the parties. While acknowledging the concerns raised by Waco Kwikform Limited, the Commission concluded that the provisions in question were fair and reasonable, particularly in the context of the industry standards and practices at the time. As a result, the Commission approved the Waco Kwikform Limited/CFMEU Collective Agreement 2015-2017, confirming its enforceability.

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