Waco Kwikform Limited

[2014] FWCA 7061

The attached document replaces the document previously issued with the above code on 7 October 2014.

The employers name is amended from “Waco Kwikform Pty Ltd” to “Waco Kwikform Limited”

Associate to Deputy President Gostencnik

Dated 8 October 2014

[2014] FWCA 7061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Limited
(AG2014/7047)

WACO KWIKFORM (HENDERSON) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Waco Kwikform (Henderson) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform (Henderson) Enterprise Agreement 2014 (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.

[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 Agreement was approved on 7 October 2014 and, in accordance with s.54, will operate from 14 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Waco Kwikform Limited, sought approval of the Waco Kwikform (Henderson) Enterprise Agreement 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, objected to the application on the basis that the agreement failed to comply with the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for the protection of employees' rights and entitlements, and whether it was made in good faith. The court also had to consider whether the agreement complied with the relevant provisions of the Act, including those relating to the coverage of the agreement, the process for its making, and the rights of employees to be consulted.

The Fair Work Commission found that the enterprise agreement was valid and should be approved. The court held that the agreement provided for the protection of employees' rights and entitlements, and that it was made in good faith. The court also found that the agreement complied with the relevant provisions of the Act, including those relating to the coverage of the agreement, the process for its making, and the rights of employees to be consulted. The court rejected the union's objections, finding that they were not well-founded.

The Fair Work Commission approved the Waco Kwikform (Henderson) Enterprise Agreement 2014, subject to certain conditions. The agreement was to be registered with the Fair Work Commission, and the parties were required to take certain steps to ensure that it was brought to the attention of all affected employees. The union's objections were dismissed, and the agreement was approved as a certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established