Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 4215

[2021] FWCA 4215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6060)

INVICTA SITE SERVICES PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JULY 2021

Application for approval of the Invicta Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Invicta Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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