Waco Kwikform Ltd

[2024] FWCA 3649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Ltd

(AG2024/3970)

WACO KWIKFORM LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2024

Application for approval of the Waco Kwikform Limited / CFMEU Collective Agreement 2024-2027

Waco Kwikform Ltd has made an application for approval of an enterprise agreement known as the Waco Kwikform Limited / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights (NERR) that was given to employees was not in the prescribed form, nor was the NERR provided to employees within 14 days of notification time. However, I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 21 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Waco Kwikform Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to obtain approval for a proposed collective agreement set for the period 2024 to 2027. The agreement aimed to regulate various employment terms and conditions for employees within the company. The case was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or modify collective agreements in line with the Fair Work Act 2009.

The primary legal issues before the court revolved around whether the proposed agreement complied with the statutory requirements of the Fair Work Act, including provisions regarding employee protections, procedural fairness, and the absence of any undue coercive practices. The court also had to determine whether the agreement met the standards of good faith bargaining and whether it provided fair and reasonable terms for the employees. The court needed to ensure that the agreement did not contain any terms that were contrary to public policy or that would undermine the rights of the employees.

In delivering the decision, the Commission considered the submissions made by both parties and examined the contents of the proposed agreement in detail. The court found that the agreement adhered to the legislative requirements and did not contain any provisions that would be contrary to public policy. It was also determined that the agreement was the result of genuine good faith bargaining and provided fair and reasonable terms for the employees. The Commission approved the agreement, noting that it met all the necessary statutory requirements and balanced the interests of both the employer and the employees. The court concluded that the agreement was in the best interest of the employees and the employer, and thus should be approved.

The final orders of the court were that the Waco Kwikform Limited / CFMEU Collective Agreement 2024-2027 was approved as filed. The agreement was to be registered and would have effect from the date of the decision, binding both the employer and the employees. The Commission noted that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established