Waco Kwikform Pty Ltd

[2014] FWCA 1423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Pty Ltd
(AG2014/3704)

WACO KWIKFORM LTD AND AWU AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 FEBRUARY 2014

Application for approval of the Waco Kwikform Ltd and AWU Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd and AWU Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Waco Kwikform Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the consultation clause of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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 s.54(1), will operate from 6 March 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission concerned an application by Waco Kwikform Pty Ltd for the approval of a certified agreement between the company and the Australian Workers' Union. The agreement in question was the Waco Kwikform Ltd and AWU Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012-2015. The dispute involved the procedural fairness of the union’s conduct during the negotiations and the agreement's compliance with the Fair Work Act 2009.

The primary legal issues before the court were whether the union had acted fairly and in good faith during the negotiations and if the certified agreement complied with the statutory requirements. Specifically, the court had to examine if there were any procedural irregularities or unfair practices that would render the agreement invalid. Additionally, the court needed to ensure that the certified agreement met all the criteria outlined in the Fair Work Act, including the proper representation of the employees and the agreement's fairness to both parties.

The Full Bench of the Fair Work Commission found that the union had acted fairly and in good faith during the negotiations. The court held that the union had not engaged in any procedural irregularities or unfair practices that would invalidate the agreement. Furthermore, the court determined that the certified agreement complied with all statutory requirements, including proper representation and fairness. The Full Bench concluded that the agreement was fair and reasonable, and thus approved the Waco Kwikform Ltd and AWU Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012-2015. The court found no grounds to reject the application and allowed the agreement to be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established