DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Limited T/A Waco Kwikform
(AG2017/1699)

WACO KWIKFORM (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform (South Australia) 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 T/A Waco Kwikform. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 9 June 2017 and, in accordance with s.54, will operate from 16 June 2017. The nominal expiry date of the Agreement is 9 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Waco Kwikform Limited, trading as Waco Kwikform, which applied for the approval of the Waco Kwikform (South Australia) Enterprise Agreement 2017. The application was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the necessary provisions as required by the Fair Work Act, including the minimum terms and conditions of employment. The Fair Work Commission needed to determine if the agreement appropriately balanced the interests of employees and employers, ensuring it was not prejudicial to employees. This involved scrutinising the agreement to ensure it provided fair and reasonable terms for both parties.

The Fair Work Commission examined the agreement in detail, assessing whether it covered all the mandated minimum terms and conditions and did not contain any unfair or unreasonable provisions. The Commission found that the agreement was comprehensive and did not include any terms that were prejudicial to employees. The agreement was deemed to appropriately balance the rights and obligations of both employers and employees, thus meeting the statutory requirements for approval. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect.

No further orders were made beyond the approval of the enterprise agreement. The Commission's decision confirmed the agreement's validity, enabling it to regulate the employment terms and conditions of the workforce in accordance with the Fair Work Act.

Waco Kwikform Limited T/A Waco Kwikform

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established