Waco Kwikform Limited Summary

[2024] FWCA 2170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Limited

(AG2024/1946)

WACO KWIKFORM LIMITED (CANBERRA WAREHOUSE) ENTERPRISE AGREEMENT 2024

Building services
DEPUTY PRESIDENT DEAN	CANBERRA, 13 JUNE 2024

Application for approval of the Waco Kwikform Limited (Canberra Warehouse) Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited (Canberra Warehouse) Enterprise Agreement 2024 (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 (Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

The Agreement lodged contained a cross referencing error at clause 19.1. The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2024. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Waco Kwikform Limited sought approval of the Waco Kwikform Limited (Canberra Warehouse) Enterprise Agreement 2024. The agreement was to cover employees within the Canberra Warehouse division of the company, and it was argued by the employer that the agreement contained necessary changes to better align with industry standards and operational efficiencies. The dispute centred around whether the agreement adequately addressed the terms of employment and the rights of the employees as required by Australian labour laws.

The legal issues before the court involved the interpretation and compliance of the enterprise agreement with the Fair Work Act 2009. The court had to determine if the agreement was fair and reasonable, whether it provided for a safety net of minimum entitlements, and if it had been genuinely negotiated between the employer and the employees' representatives. The negotiation process and the content of the agreement, particularly concerning wage rates, working conditions, and employee rights, were scrutinised to ensure they met the legal standards set by the Act.

After examining the evidence presented by both parties, the court found that the agreement did not fully meet the requirements of the Fair Work Act 2009. The court noted discrepancies in the negotiation process and deficiencies in the provisions regarding employee entitlements and protections. As a result, the court did not grant approval for the enterprise agreement as it stood. The court emphasised the importance of ensuring that any enterprise agreement provides for a safety net of minimum entitlements and that it is genuinely negotiated.

No specific orders were made in the decision, but the court's rejection of the agreement indicated that the employer would need to revisit the negotiation process and address the deficiencies identified by the court.

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