Waco Kwikform Ltd

Case

[2013] FWCA 4277

1 JULY 2013

No judgment structure available for this case.

[2013] FWCA 4277

FAIR WORK COMMISSION

DECISION



Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Ltd
(AG2013/7101)

WACO KWIKFORM LTD AND THE CFMEU CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries

COMMISSIONER RYAN

MELBOURNE, 1 JULY 2013

Application for approval of the Waco Kwikform Ltd and the CFMEU Contract Scaffold Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd and the CFMEU Contract Scaffold Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Waco Kwikform Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to clauses 38.1, 39 and 45 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 8 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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