DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwikform Industrial Services Pty Limited
(AG2020/3543)

KWIKFORM INDUSTRIAL SERVICES (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 17 FEBRUARY 2021

Application for approval of the Kwikform Industrial Services (Western Australia) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kwikform Industrial Services (Western Australia) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kwikform Industrial Services Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 16 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kwikform Industrial Services Pty Limited applied to the Fair Work Commission for approval of the Kwikform Industrial Services (Western Australia) Enterprise Agreement 2020. The applicant is an employer in the formwork industry, and the application was made under the Fair Work Act 2009. The dispute concerns the terms and conditions of employment for employees covered by the agreement.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, including whether it provided for minimum rates of pay and conditions, and whether it was free from prohibited content. The Commission had to consider whether the agreement complied with the provisions of the Act, including the requirements for good faith bargaining and the protection of employees' rights.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement provided for minimum rates of pay and conditions that met the requirements of the Act. The Commission also found that the agreement was free from prohibited content and that it had been negotiated in good faith. Having considered all the evidence and submissions, the Commission approved the agreement.

The Commission made orders approving the Kwikform Industrial Services (Western Australia) Enterprise Agreement 2020, subject to certain conditions. These conditions included the requirement that the applicant provide written notice to affected employees of the approved agreement, and that the agreement be registered with the Fair Work Commission. The applicant was also required to take steps to ensure that the agreement was brought to the attention of all affected employees.

Kwikform Industrial Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established