Waco Kwikform Ltd

[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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waco Kwikform Ltd, the applicant, sought approval for the Waco Kwikform Ltd and CFMEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025 from the Fair Work Commission. The respondents opposed the application, raising objections on several grounds. The matter was heard and determined in the Fair Work Commission.

The key legal issues that the Fair Work Commission had to decide involved the validity of the proposed enterprise agreement and whether it met the requirements of the Fair Work Act 2009. The respondents argued that the agreement was not a genuine enterprise agreement and did not comply with the necessary procedural and substantive requirements. The Commission needed to consider whether the agreement was made in good faith, covered a relevant workforce, and provided fair terms and conditions.

The Fair Work Commission found that the application did not meet the statutory requirements for an enterprise agreement. The Commission held that the proposed agreement was not made in good faith as it was influenced by an improper purpose. Furthermore, the Commission determined that the agreement did not cover a relevant workforce, as it failed to include all employees within the relevant bargaining unit. Additionally, the Commission found that the agreement did not provide fair terms and conditions, as it included provisions that were not consistent with the objectives of the Fair Work Act 2009. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Fair Work Commission rejected the application for approval of the Waco Kwikform Ltd and CFMEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025. The Commission determined that the agreement did not meet the necessary requirements under the Fair Work Act 2009, including being made in good faith, covering a relevant workforce, and providing fair terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established