DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd
(AG2017/122)

WACO KWIKFORM LTD AND CFMEU YALLOURN POWER STATION AND OPEN CUT MINE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Waco Kwikform Ltd and CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd and CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Waco Kwikform Ltd, sought approval of the Waco Kwikform Ltd and CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016, under the Fair Work Act 2009. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union and its members, raised objections to the proposed agreement. The Fair Work Commission heard the application.

The central legal issue was whether the agreement met the statutory criteria for approval under section 231 of the Fair Work Act. This involved examining if the agreement provided for minimum entitlements, whether it was made in good faith, and if it was fair and beneficial for the employees. The Commission also considered if the agreement was consistent with the Fair Work Act’s objectives, including promoting high levels of employment and participation.

The Commission reviewed the arguments presented by both parties, including the terms of the agreement and the context in which it was made. It considered the procedural fairness in the negotiation process and the overall fairness of the terms to the employees. The Commission found that the agreement complied with the statutory requirements and was fair and beneficial for the employees. It approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Waco Kwikform Ltd and CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016, finding it met the statutory criteria for approval.

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