Waco Kwikform Ltd

Case [2013] FWCA 4277


[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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APPENDIX A

Details
AGLC
Waco Kwikform Ltd [2013] FWCA 4277
Case
[2013] FWCA 4277
Decision Date

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Waco Kwikform Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Contract Scaffold Enterprise Agreement 2011-2015. Waco Kwikform Ltd, a scaffolding company, sought the approval of the agreement, which set out terms and conditions of employment for workers in the contract scaffolding industry. The CFMEU, a trade union representing workers in the industry, supported the application. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided a safety net of minimum terms and conditions for employees, and whether it had been made in good faith. The Commission considered whether the agreement provided for a minimum wage rate, leave entitlements, maximum weekly hours of work, and other minimum entitlements, as well as whether it had been negotiated in good faith and without coercion. The Commission also considered whether the agreement provided for the resolution of disputes between the parties and whether it was in the best interests of the employees.

The Commission found that the agreement met the criteria for approval under the Fair Work Act. The agreement provided for a safety net of minimum terms and conditions for employees, including a minimum wage rate, leave entitlements, and maximum weekly hours of work. The Commission was satisfied that the agreement had been negotiated in good faith and without coercion, and that it provided for the resolution of disputes between the parties. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions of employment.

The Fair Work Commission approved the Waco Kwikform Ltd and the CFMEU Contract Scaffold Enterprise Agreement 2011-2015, effective from 1 July 2011. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be given effect as a registered agreement under the Fair Work Act. The approval of the agreement provides certainty and stability for employees and employers in the contract scaffolding industry, and ensures that workers are protected by a safety net of minimum terms and conditions of employment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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