Kwikform Industrial Services Pty Ltd

[2014] FWCA 711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwikform Industrial Services Pty Ltd
(AG2014/3439)

KWIKFORM INDUSTRIAL MAINTENANCE ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 JANUARY 2014

Application for approval of the Kwikform Industrial Maintenance Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Kwikform Industrial Maintenance Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Kwikform Industrial Services Pty Ltd. The agreement is a greenfields agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 6 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Kwikform Industrial Services Pty Ltd, sought approval of the Kwikform Industrial Maintenance Enterprise Agreement 2013-2016. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, specifically whether it provided for the proper protection of employees' interests and whether it had been fairly negotiated.

The key legal issues the court had to decide included whether the agreement was genuinely negotiated, whether it adequately protected the interests of employees, and whether it complied with the provisions of the Fair Work Act. The applicant argued that the agreement was the result of genuine negotiations and provided fair terms and conditions for employees. The court had to scrutinise the negotiation process and the contents of the agreement to determine if these arguments held merit.

After reviewing the evidence and submissions, the Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The commission determined that the agreement provided for fair terms and conditions and adequately protected employees' interests. The court found no procedural unfairness in the negotiation process and concluded that the agreement was in the best interests of the employees. Consequently, the court approved the Kwikform Industrial Maintenance Enterprise Agreement 2013-2016.

The final orders of the court included the approval of the agreement, which would now be binding on the parties and their employees for the specified period. This decision confirmed the legal validity of the agreement and provided clarity for the parties involved regarding their rights and obligations under the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established