Waco Kwikform Ltd Trading AS Waco Kwikform Summary

[2025] FWCA 3467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Waco Kwikform Ltd Trading AS Waco Kwikform

(AG2025/3399)

WACO KWIKFORM LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

Building services
COMMISSIONER PLATT	ADELAIDE, 17 OCTOBER 2025

Application for approval of the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Waco Kwikform Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 10 October 2025.

On 13 October 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided the requested information which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The application before the court involved Waco Kwikform Limited, trading as Waco Kwikform, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of a proposed enterprise agreement between the parties, specifically the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, which is responsible for overseeing such matters in Australia.

The central legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining the fairness of the agreement, particularly whether it provided for equitable terms and conditions for employees and whether it was free from any improper influence or coercion. Additionally, the court needed to ensure that the agreement did not adversely affect the employees' rights to protected industrial action.

The Fair Work Commission determined that the proposed agreement was fair and appropriate for approval. The court found that the agreement provided for equitable terms and conditions, and there was no evidence of improper influence or coercion. Furthermore, the agreement did not adversely affect the employees' rights to protected industrial action. The court's reasoning was based on a detailed analysis of the agreement's provisions, which demonstrated that it balanced the interests of both employers and employees while ensuring fair and reasonable terms.

Consequently, the Fair Work Commission approved the WACO KWIKFORM LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The final orders were that the agreement would be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Waco Kwikform Ltd Trading AS Waco Kwikform

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established