Construction, Forestry, Mining and Energy Union

[2013] FWCA 1215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/321)

WACO KWIKFORM LIMITED / CFMEU COLLECTIVE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER CARGILL	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Waco Kwikform Limited / CFMEU Collective Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited / CFMEU Collective Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU) on behalf of Waco Kwikform Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 March 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Waco Kwikform Limited. The dispute centred on the approval of a collective agreement between the parties for the period 2012 to 2015. The matter was heard by the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues that the tribunal was required to decide included whether the agreement complied with the Fair Work Act 2009, and whether the agreement was in the interests of the employees. The tribunal was required to assess whether the agreement met the requirements for approval, such as the provision of a "no disadvantage test" and the consideration of public interest factors.

The tribunal found that the agreement complied with the requirements of the Fair Work Act and met the "no disadvantage test." The tribunal considered the evidence presented by the parties and concluded that the agreement was in the interests of the employees. The tribunal also found that the agreement met the public interest factors, including the promotion of productivity, efficiency, and economic growth. The tribunal approved the agreement and made orders accordingly.

The tribunal made orders approving the Waco Kwikform Limited / CFMEU Collective Agreement 2012-2015, effective from 1 July 2012. The tribunal also made orders for the agreement to be registered with the Fair Work Commission and published on the Fair Work Ombudsman's website. The orders also included provisions for the agreement to be reviewed by the tribunal after three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established