DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Ltd T/A Waco Kwikform
(AG2020/2981)

WACO KWIKFORM LIMITED (PERTH WAREHOUSE) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 OCTOBER 2020

Application for approval of the Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and in accordance with s.54 of the Act will operate from 29 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Waco Kwikform Limited T/A Waco Kwikform, who applied to the Fair Work Commission for approval of the Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2020. The applicant sought to finalise the agreement, which outlines the terms and conditions of employment for workers in its Perth warehouse. The application was made under the Fair Work Act 2009, which provides for the registration and approval of enterprise agreements that meet certain criteria.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the court had to determine if the agreement provided for appropriate minimum terms and conditions, as well as if it had been fairly negotiated and if it passed the "better off overall test." This test requires that employees be no worse off financially under the agreement than they would be under the applicable awards.

The Fair Work Commission found that the agreement met all statutory requirements. The court considered evidence that the agreement was negotiated in good faith and that employees were adequately consulted during the negotiation process. It was also determined that the agreement provided for terms and conditions that were no less favourable than the relevant awards and that employees would, on average, be better off under the agreement than they would be under the applicable awards. Consequently, the court approved the enterprise agreement.

The Commission's final order was that the Waco Kwikform Limited (Perth Warehouse) Enterprise Agreement 2020 be approved and registered under the Fair Work Act. The agreement will now govern the terms and conditions of employment for workers in the Perth warehouse, subject to any applicable awards.

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