DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform
(AG2020/2435)

WACO KWIKFORM LIMITED (CANBERRA) ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the Waco Kwikform Limited (Canberra) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited (Canberra) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Waco Kwikform Ltd T/A Waco Kwikform. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and in accordance with s.54 of the Act will operate from 21 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waco Kwikform Limited (T/A Waco Kwikform) applied to the Fair Work Commission for approval of the Waco Kwikform Limited (Canberra) Enterprise Agreement 2020. The applicant sought to have the agreement registered under section 174 of the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions set forth in the proposed agreement and whether they complied with the statutory requirements of the Fair Work Act.

The legal issues before the court involved determining whether the agreement met the criteria for approval under the Fair Work Act, including whether the agreement contained the required minimum terms and conditions, and whether the process for reaching the agreement complied with procedural fairness. The court also had to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate protections and entitlements.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. It contained the required minimum terms and conditions and had been negotiated in a manner that ensured procedural fairness. The agreement was also deemed to be in the best interests of the employees, as it provided for appropriate protections and entitlements. Consequently, the court approved the Waco Kwikform Limited (Canberra) Enterprise Agreement 2020. The final orders included the registration of the agreement under section 174 of the Fair Work Act, effective from the date of the decision.

Waco Kwikform Ltd T/A Waco Kwikform

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established