Waco Kwikform Ltd

Case

[2025] FWCA 2352

17 JULY 2025


[2025] FWCA 2352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Ltd

(AG2025/2216)

WACO KWIKFORM LTD AND CFMEU YALLOURN POWER STATION & OPEN CUT MINE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries

DEPUTY PRESIDENT BELL

MELBOURNE, 17 JULY 2025

Application for approval of the Waco Kwikform Ltd and CFMEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025.

  1. An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd and CFMEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Waco Kwikform Ltd. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Construction, Forestry and Maritime Employees Union (CFMEU), 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.

  1. The Agreement was approved on 17 July 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2028.


DEPUTY PRESIDENT

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