Waco Kwikform Pty Ltd Summary

[2014] FWCA 1323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Pty Ltd
(AG2014/316)

WACO KWIKFORM (CANBERRA) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER DEEGAN	CANBERRA, 21 FEBRUARY 2014

Application for approval of the Waco Kwikform (Canberra) Enterprise Agreement 2014.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 28 February 2014. The nominal expiry date of the Agreement is 30 June 2016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Waco Kwikform Pty Ltd applied for the approval of the Waco Kwikform (Canberra) Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009, with the respondent being the Australian Manufacturing Workers’ Union. The dispute involved the terms and conditions of employment for employees of Waco Kwikform Pty Ltd, including issues such as wage rates, working hours, leave entitlements, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement provided for the employees' wages and conditions of employment fairly and reasonably, and whether the agreement was made in accordance with the requirements of the Fair Work Act. This included assessing if the agreement was negotiated in good faith, if it contained the necessary minimum terms, and if the agreement was appropriately certified by the Commission. The Commission also considered the application of the Better Off Overall Test (BOOT) to ensure that the employees would not be worse off financially under the new agreement.

The Commission found that the Waco Kwikform (Canberra) Enterprise Agreement 2014 met the requirements set out in the Fair Work Act. It was determined that the agreement was negotiated in good faith, contained all necessary minimum terms, and provided for the employees' wages and conditions of employment fairly and reasonably. The Commission also concluded that the agreement satisfied the BOOT, as employees would be better off overall under the terms of the new agreement. Consequently, the application for approval was granted.

The Fair Work Commission approved the Waco Kwikform (Canberra) Enterprise Agreement 2014, deeming it compliant with the Fair Work Act and meeting all necessary criteria for certification. This decision allows the agreement to be legally binding on the parties involved, setting out the terms and conditions of employment for the employees of Waco Kwikform Pty Ltd.

Waco Kwikform Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established