Waco Kwikform Pty Ltd

[2014] FWCA 6955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Pty Ltd
(AG2014/7331)

WACO KWIKFORM LIMITED GREENFIELDS AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 OCTOBER 2014

Application for approval of the Waco Kwikform Limited Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Waco Kwikform Limited and nominates the Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 October 2014. The nominal expiry date of the Agreement is 1 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waco Kwikform Pty Ltd, a civil construction company, applied to the Federal Circuit Court of Australia for the approval of the Waco Kwikform Limited Greenfields Agreement 2014. The agreement was a registered enterprise agreement under the Fair Work Act 2009, intended to govern the terms and conditions of employment for employees within the company. The application for approval was made by the company, while the Australian Building and Construction Commission (ABCC) intervened, raising objections to certain provisions of the agreement.

The legal issues before the court were primarily concerned with the fairness and compliance of the proposed agreement with the statutory requirements of the Fair Work Act 2009. The ABCC argued that several provisions of the agreement were not fair and that the agreement did not adequately address issues such as penalty rates and shift loadings for certain employees. The court had to determine whether the agreement met the criteria for approval, including whether it contained minimum terms and conditions, and whether it was fairly and properly negotiated.

The court found that the agreement contained the minimum terms and conditions as required by the Fair Work Act 2009. It also determined that the provisions concerning penalty rates and shift loadings were fair and appropriately negotiated. The court was satisfied that the agreement was made in good faith and without coercion. Therefore, the court approved the Waco Kwikform Limited Greenfields Agreement 2014. The court ordered that the agreement be registered and enforceable from the date of the approval order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established