Waco Kwikform Ltd T/A Waco Kwikform
[2024] FWCA 2050
•4 JUNE 2024
| [2024] FWCA 2050 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Waco Kwikform Ltd T/A Waco Kwikform
(AG2024/1578)
Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2024
| Building, metal and civil construction industries | |
| COMMISSIONER LIM | PERTH, 4 JUNE 2024 |
Application for approval of the Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2024
Waco Kwikform Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):
(a)Parental leave: Clause 24.12 appears to exclude casual employees contrary to s 67 of the Act, which provides unpaid parental leave for regular casuals who have been employed on that basis for a sequence of periods of employment during a period of at least 12 months.
(b)Redundancy pay: Clause 25.3 provides that redundancy shall not be payable where the employer obtains suitable alternative employment for the employer, however this does not appear to be subject to an application to the Commission under s 120 of the Act.
(c)Deductions on termination: Clause 26.4(b) states that the Employer may reasonably deduct from any amount/s that the Employer owes to the Employee any amount/s that Employee owes the Employer to the full extent permitted by law. The amount/s that the Employer may recover under this provision includes, but is not limited to, any outstanding loans, advances, training costs, paid leave provided in advance or Base Wage paid to the Employee in respect of time not worked. The clause does not appear to limit deductions to wages only which raises the issue of deductions being made from NES entitlements.
However, I am satisfied that under clause 5.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 4 June 2024 and, in accordance with s 54, will operate from 11 June 2024. The nominal expiry date of the Agreement is 31 March 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE524894 PR775636>
Annexure A
0
0
0