Waco Kwikform Ltd T/A Waco Kwikform

[2021] FWCA 6918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform

(AG2021/8403)

Waco Kwikform Limited / CFMEU Collective Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 NOVEMBER 2021

Application for variation of the Waco Kwikform Limited / CFMEU Collective Agreement 2020-2023

An application has been made for approval of a variation to the Waco Kwikform Limited / CFMEU Collective Agreement 2020-2023 (the Agreement). The application was made by Waco Kwikform Ltd T/A Waco Kwikform pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Waco Kwikform Limited, trading as Waco Kwikform, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on an application to modify the collective agreement governing the employment terms and conditions of workers within the 2020-2023 period. The application was heard and decided by the Fair Work Commission.

The primary legal issues for the court to address were whether the proposed changes to the collective agreement were reasonable and fair, considering the interests of both the employer and the employees. The court had to assess the application against the statutory criteria set out in the Fair Work Act 2009. This involved determining if the changes were necessary to address economic, social, or other changes, and whether they were consistent with the principles of the industrial relations system.

The Fair Work Commission found that the proposed changes were justified based on economic considerations and were in the interests of both parties. The changes were considered reasonable as they reflected market conditions and were necessary to ensure the continued viability of the business. The court concluded that the changes did not undermine the principles of the industrial relations system and were fair and reasonable. Consequently, the application was approved, leading to the variation of the collective agreement.

The final orders included the approval of the amended collective agreement, with specific changes to the employment terms and conditions as proposed. The decision was binding on both Waco Kwikform Limited and the CFMEU, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established