Waco Kwikform Limited T/A Waco Kwikform Ltd

[2021] FWCA 6485

[2021] FWCA 6485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Limited T/A Waco Kwikform Ltd

(AG2021/7631)

Waco Kwikform (ACT) and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 29 OCTOBER 2021

Application for the approval of Waco Kwikform (ACT) and CFMEU ACT Enterprise Agreement 2021

1. An application has been made for approval of a greenfields agreement known as the Waco Kwikform (ACT) and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made by Waco Kwikform Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. The Commission sought further submissions from the Applicant as to whether the Agreement relates to a “genuine new enterprise” in accordance with s.172(2)(b). The employee organisation covered by the Agreement, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) also provided further submissions and supported the Applicant’s submissions.

1. On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. 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.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMMEU 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.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

<AE513709  PR735351>