Waco Kwikform Ltd T/A Waco Kwikform Summary

[2024] FWCA 128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform

(AG2023/5398)

WACO KWIKFORM LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 JANUARY 2024

Application for approval of the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waco Kwikform Ltd T/A Waco Kwikform. The Agreement is a single enterprise agreement.

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

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Waco Kwikform Ltd, trading as Waco Kwikform, applied for approval of the 2020-2023 Subcontractors Contract Scaffolding Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement proposed various terms and conditions for employees working in the scaffolding industry. The dispute centred on the agreement's compliance with the Fair Work Act 2009 and its fairness to both parties.

The primary legal issues were whether the agreement complied with the statutory requirements and if it was procedurally sound. The Commission examined the agreement's provisions to ensure it met the criteria for "good faith" bargaining and "better off overall or at least no worse off" for the employees. It also assessed whether the agreement contained any terms that might be considered contrary to public policy or unfair.

The Commission found the agreement to be compliant with the Fair Work Act 2009. It determined that the agreement was made in good faith and that it was fair and reasonable for the employees. The Commission noted that the agreement provided for improved conditions and protections for the employees, including increased wages, better leave provisions, and enhanced health and safety measures. After reviewing the evidence and submissions from both parties, the Commission approved the agreement.

The Commission's final order was that the 2020-2023 Subcontractors Contract Scaffolding Enterprise Agreement between Waco Kwikform Ltd and the CFMEU (Victorian Construction and General Division) be approved and registered. The agreement came into effect from the date of the approval and applied to all employees covered by the agreement.

Waco Kwikform Ltd T/A Waco Kwikform

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established