Waco Kwikform Limited T/A Waco Kwikform Summary

[2022] FWCA 1844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Limited T/A Waco Kwikform

(AG2022/1655)

WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JUNE 2022

Application for approval of the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Waco Kwikform Limited T/A Waco Kwikform. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Waco Kwikform Limited, trading as Waco Kwikform, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), concerning an application for the approval of the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023. The union and the employer had reached an agreement on various terms and conditions of employment, and sought the court's approval of this agreement. The union argued that the agreement was fair and reasonable and that it complied with relevant legislative requirements.

The primary legal issues before the court were whether the terms and conditions of the agreement were fair and reasonable, and whether the agreement complied with the relevant legislative provisions. The union contended that the agreement was fair and reasonable and complied with the requirements of the Fair Work Act 2009. The employer did not dispute the fairness and reasonableness of the agreement but raised concerns about certain aspects of the agreement, including the provisions relating to the payment of overtime and the use of subcontractors.

The court considered the arguments of both parties and examined the terms of the agreement in detail. The court found that the agreement was fair and reasonable and complied with the relevant legislative provisions. The court was satisfied that the agreement provided for a fair and reasonable balance of rights and obligations for both parties, and that it met the requirements of the Fair Work Act 2009. The court also found that the provisions relating to overtime and the use of subcontractors were not unreasonable and did not contravene any legislative provisions.

In light of the court's findings, the application for approval of the agreement was granted. The court approved the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023 as a registered agreement under the Fair Work Act 2009. The agreement will now be in effect for the period of 2020-2023, subject to any further orders or directions of the court.

Waco Kwikform Limited T/A Waco Kwikform

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established