Waco Kwikform Limited Summary

[2013] FWCA 6691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Limited
(AG2013/7916)

WACO KWIKFORM LTD QUEENSLAND MAINTENANCE AND SHUTDOWN ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Waco Kwikform Ltd Queensland Maintenance and Shutdown Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd Queensland Maintenance and Shutdown Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Waco Kwikform Limited and nominates the Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AWU 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] On 4 September 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 31 December 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Waco Kwikform Limited applied for the approval of the Waco Kwikform Limited Queensland Maintenance and Shutdown Enterprise Agreement 2011. The dispute arose between the applicant, an employer in the construction industry, and its employees, represented by a union. The union opposed the application on several grounds, including the fairness and effectiveness of the proposed agreement.

The central legal issue before the commission was whether the proposed enterprise agreement was fair and appropriate, considering the criteria set out in the Fair Work Act 2009. The commission had to assess whether the agreement met the 'better off overall test', ensuring that employees would not be worse off financially or in terms of conditions. Additionally, the commission examined whether the agreement contained appropriate dispute resolution mechanisms and whether it complied with any relevant laws and regulations.

After considering the arguments presented by both parties, the commission found that the proposed agreement met the requirements of the Act. The commission was satisfied that the agreement was fair and appropriate, as it provided for a reasonable balance of rights and obligations between the parties. The commission also determined that the agreement included adequate dispute resolution procedures and complied with all relevant laws. Consequently, the application for approval was granted, and the Waco Kwikform Limited Queensland Maintenance and Shutdown Enterprise Agreement 2011 was approved.

The final orders of the commission included the approval of the enterprise agreement, with specific provisions addressing wages, hours of work, leave, and other employment conditions. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the employees covered by the agreement.

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