[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
- AGLC
- Waco Kwikform Ltd [2013] FWCA 4277
- Case
- [2013] FWCA 4277
- Decision Date
CaseChat Overview and Summary
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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