Waco Kwikform Ltd T/A Waco Kwikform

[2021] FWCA 7023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform
(AG2021/8420)

WACO KWIKFORM (ADELAIDE WAREHOUSE) ENTERPRISE AGREEMENT 2021

Building services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 DECEMBER 2021

Application for approval of the Waco Kwikform (Adelaide Warehouse) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform (Adelaide Warehouse) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 7 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Waco Kwikform Ltd, trading as Waco Kwikform, applied for approval of the Waco Kwikform (Adelaide Warehouse) Enterprise Agreement 2021. The dispute centred on the terms and conditions of employment for workers within the Adelaide warehouse. The applicant sought to have the proposed enterprise agreement, which had been negotiated with relevant trade unions, approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements for "registration" under section 233 of the Fair Work Act, and whether the agreement was a "low paid" agreement, thus requiring special consideration under section 233(2). The Commission had to examine whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the provisions for "direct" agreements negotiated directly between employers and employees.

In determining the application, the Commission considered the fairness and reasonableness of the proposed agreement, ensuring it complied with the minimum standards set out in the Fair Work Act. It was noted that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The Commission approved the agreement, acknowledging that it met all the necessary criteria for registration and did not fall into the category of "low paid" agreements, thus not requiring special consideration. The application was ultimately successful, and the enterprise agreement was approved.

The Fair Work Commission granted approval for the Waco Kwikform (Adelaide Warehouse) Enterprise Agreement 2021, confirming its compliance with the Fair Work Act and its fairness for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established