DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6049)

WACO KWIKFORM LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SCAFFOLD YARD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Waco Kwikform Ltd and the CFMEU (Victorian Construction and General Division) Scaffold Yard Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd and the CFMEU (Victorian Construction and General Division) Scaffold Yard Enterprise 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.

[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 13 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Waco Kwikform Ltd, sought approval of the Scaffold Yard Enterprise Agreement 2016-2018 with the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a bona fide enterprise agreement, covered the necessary employees, and complied with the provisions of the Act. The Commission also had to determine if the agreement fairly reflected the bargaining positions of the parties and whether it was in the best interests of the employees.

The Commission found that the agreement was indeed a bona fide enterprise agreement that appropriately covered the relevant employees. The parties had demonstrated a genuine intent to bargain and reach an agreement. The Commission also concluded that the agreement was fair, taking into account the bargaining positions of the parties and the overall interests of the employees. The agreement included provisions for wages, conditions, and dispute resolution mechanisms that were considered fair and reasonable. The Commission was satisfied that the agreement complied with all statutory requirements and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the Scaffold Yard Enterprise Agreement 2016-2018 between Waco Kwikform Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was deemed to be a fair and reasonable enterprise agreement that met all the necessary statutory requirements and was in the best interests of the employees. The approval came into effect from the date of the decision, and the agreement was to be applied accordingly to the relevant employees.

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