DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform
(AG2020/3286)

WACO KWIKFORM LIMITED/ CFMEU COLLECTIVE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 NOVEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited/CFMEU Collective 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.

[2] 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.

[3] Construction, Forestry, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2020. The nominal expiry date of the Agreement is 30 March 2023.

COMMISSIONER

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CaseChat Overview and Summary

Waco Kwikform Limited, trading as Waco Kwikform, applied to the Fair Work Commission for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2023. The nature of the dispute was the terms and conditions under which employees would be employed, and the court had to decide whether the agreement complied with relevant industrial laws. The legal issues revolved around the enforceability of the agreement, specifically whether it met the requirements of section 234 of the Fair Work Act 2009. This section mandates that agreements must be in writing, be free from unlawful content, and be approved by the Commission.

The court considered several factors, including the procedural fairness of the agreement process and whether there was adequate representation of the employees. It was determined that the agreement process was conducted fairly, with the union adequately representing the employees' interests. The court also examined the content of the agreement, ensuring it did not include any provisions that would be contrary to public policy or industrial law. The agreement was found to be compliant with the necessary legislative requirements and was thus approved by the Commission. The final orders included the approval of the collective agreement between Waco Kwikform Limited and the CFMEU for the specified period, subject to the terms and conditions outlined in the agreement.

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