DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Limited T/A Waco Kwikform
(AG2016/7707)

WACO KWIKFORM (CANBERRA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Waco Kwikform (Canberra) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform (Canberra) Enterprise Agreement 2016 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Waco Kwikform Limited trading as Waco Kwikform, the applicant sought approval for the Waco Kwikform (Canberra) Enterprise Agreement 2016. The Fair Work Commission, comprising of a delegate of the President, was tasked with determining whether the agreement should be approved. The applicant contended that the agreement was a lawful enterprise agreement, while the objector argued that it did not meet the requirements of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement had been made by the employees of Waco Kwikform in accordance with the relevant provisions of the Fair Work Act, and whether the agreement contained the necessary terms and conditions of employment. The Commission needed to examine the process by which the agreement was negotiated and whether it had been properly certified by the Australian Building and Construction Commission.

The Commission found that the agreement had been negotiated and certified in accordance with the relevant provisions of the Fair Work Act. The Commission noted that the agreement contained the necessary terms and conditions of employment and was consistent with the principles of enterprise bargaining set out in the Fair Work Act. The Commission was satisfied that the agreement was a genuine enterprise agreement made in good faith and without coercion or duress. The Commission approved the agreement, noting that it would provide for a fair and reasonable outcome for both the employees and the employer.

The Commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties. The Commission found that the agreement was a lawful enterprise agreement that met the requirements of the Fair Work Act. The Commission approved the Waco Kwikform (Canberra) Enterprise Agreement 2016, and it will now be binding on the employees and the employer. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds.

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