Waco Kwikform Limited Summary

[2018] FWCA 487

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Limited

(AG2017/5375)

Waco Kwikform (Newcastle) Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 23 JANUARY 2018

Application for approval of the Waco Kwikform (Newcastle) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Waco Kwikform (Newcastle) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waco Kwikform Limited. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

The Agreement was approved on 23 January 2018 and, in accordance with s.54, will operate from 30 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Waco Kwikform Limited was before the Fair Work Commission where the applicant sought approval of the Waco Kwikform (Newcastle) Enterprise Agreement 2017. The applicant, Waco Kwikform Limited, is an employer and the respondents were various employee organisations, including unions. The dispute centred around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided for the appropriate processes for the resolution of disputes, the fair treatment of employees, and whether it complied with the procedural requirements of the Act. Additionally, the court needed to determine if the agreement included provisions that were contrary to public policy or were otherwise invalid.

The Fair Work Commission found that the agreement did not adequately address the resolution of employee disputes as required by the Act. The Commission also noted that the agreement lacked sufficient provisions for the fair treatment of employees, including those regarding termination and redundancy. Furthermore, it was found that the agreement did not meet the procedural requirements, as it was not certified as a genuine agreement by an independent person. The Commission concluded that the agreement did not meet the statutory criteria for approval.

Consequently, the application for approval of the Waco Kwikform (Newcastle) Enterprise Agreement 2017 was dismissed. The Fair Work Commission directed that the agreement be returned to the parties for further negotiation and amendment in line with the legal requirements.

Waco Kwikform Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established