DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd
(AG2020/2814)

WACO KWIKFORM LIMITED (NEWCASTLE) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Waco Kwikform Limited (Newcastle) Enterprise Agreement 2020.

[1] Application has been made by Waco Kwikform Ltd for approval of a single enterprise agreement known as the Waco Kwikform Limited (Newcastle) Enterprise Agreement 2020 (the Agreement).

[2] A written undertaking has been given in accordance with s.190 of the Act. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Waco Kwikform Limited (Newcastle) Enterprise Agreement 2020 was heard in the Fair Work Commission. The applicant, Waco Kwikform Ltd, sought approval of the enterprise agreement, which had been negotiated with the relevant union. The dispute centred on the terms of the agreement, particularly the provisions related to wages, hours of work, and conditions of employment. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was a "better off overall test" (BOOT) agreement, as required by section 173 of the Fair Work Act. This involved examining the overall fairness of the agreement to the employees, considering factors such as the balance of benefits and detriments, and whether the agreement provided a safety net for employees. Additionally, the Commission had to ensure that the agreement did not undermine the safety net of the relevant industrial instrument and complied with other statutory requirements.

The Commission considered the submissions from both parties and the relevant legislative provisions. It found that the agreement provided a net benefit to the employees, as it included provisions for wage increases, improved conditions, and additional leave entitlements, which outweighed any potential detriments. The agreement also ensured that employees were not worse off overall compared to their previous conditions of employment. The Commission was satisfied that the agreement met the BOOT requirement and did not undermine the safety net provisions of the applicable award. Consequently, the application for approval was successful.

The Fair Work Commission approved the Waco Kwikform Limited (Newcastle) Enterprise Agreement 2020, finding it met the statutory requirements for a BOOT agreement. The agreement was deemed to provide a net benefit to employees and did not undermine the safety net provisions of the applicable award. The approval of the agreement was effective from the date specified in the application.

Waco Kwikform Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established