DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform
(AG2021/4780)

WACO KWIKFORM LIMITED (PORT KEMBLA) ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 MAY 2021

Application for approval of the Waco Kwikform Limited (Port Kembla) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Waco Kwikform Limited (Port Kembla) Enterprise Agreement 2021 (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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 3 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2021. The nominal expiry date of the Agreement is 6 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Waco Kwikform Limited, the applicant sought approval of the Waco Kwikform Limited (Port Kembla) Enterprise Agreement 2021. The respondents, who included various employee unions, opposed the approval on several grounds. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether the agreement complied with the relevant sections of the Fair Work Act 2009, specifically regarding minimum rates of pay, penalty rates, and notice periods. The Commission had to determine if the provisions of the agreement were fair and reasonable in all respects.

After reviewing the submissions from both parties and considering the relevant legislative framework, the Fair Work Commission found that the agreement was compliant with the Act. The Commission noted that the agreement provided for adequate minimum rates of pay, appropriate penalty rates, and reasonable notice periods. The Commission concluded that the agreement was fair and reasonable in all respects and approved it accordingly.

The Fair Work Commission ordered the approval of the Waco Kwikform Limited (Port Kembla) Enterprise Agreement 2021, subject to the terms and conditions set out in the agreement. The decision was made on the basis that the agreement met the requirements of the Fair Work Act 2009.

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