DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd
(AG2019/4513)

WACO KWIKFORM LIMITED ROSEHILL YARD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the Waco Kwikform Limited Rosehill Yard / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited Rosehill Yard / CFMEU Collective Agreement 2019-2022 (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 Ltd. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waco Kwikform Limited applied to the Fair Work Commission for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was for the period 2019-2022 and concerned the Rosehill Yard, a construction site managed by Waco Kwikform. The CFMEU sought to have certain provisions approved, including those related to wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The central legal issues before the Commission were whether the agreement was made genuinely in the interests of the employees, whether it provided fair and reasonable terms, and whether it complied with relevant provisions of the Fair Work Act. The Commission examined the bargaining process, the fairness of the terms, and the extent to which the agreement met the statutory criteria for approval. It was particularly important to determine if the agreement was free from any undue influence or coercion and if it offered fair and reasonable terms for the employees.

The Commission found that the agreement was genuinely made in the interests of the employees and was free from any undue influence or coercion. It concluded that the terms of the agreement were fair and reasonable, and that the bargaining process was conducted appropriately. The Commission also found that the agreement complied with the statutory criteria under the Fair Work Act. The provisions regarding wages, working conditions, and dispute resolution mechanisms were considered fair and balanced. The Commission approved the collective agreement, emphasising the importance of fair and transparent industrial relations practices.

The final orders of the Commission were that the Waco Kwikform Limited Rosehill Yard / CFMEU Collective Agreement 2019-2022 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to take effect, providing a framework for the terms and conditions of employment for the employees at the Rosehill Yard for the specified period. The approval was subject to the terms and conditions outlined in the agreement and the continuing obligations of both parties under the Fair Work Act.

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