Waco Kwikform Pty Ltd

[2014] FWCA 1097

[2014] FWCA 1097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waco Kwikform Pty Ltd
(AG2014/3554)

WACO KWIKFORM LTD CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 FEBRUARY 2014

Application for approval of the Waco Kwikform Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012.

[1] An application has been made for approval of an enterprise agreement known as the Waco Kwikform Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (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 Construction, Forestry, Mining and Energy Union (CFMEU), 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 20 February 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A