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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Invicta Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024. The dispute revolves around the proposed agreement between the union and the employer, seeking the court's endorsement to ensure its enforceability and compliance with relevant industrial laws. The court's role was to determine if the agreement met the necessary legal standards for approval.

The primary legal issues the court addressed were whether the agreement adhered to the requirements of the Fair Work Act 2009 and if it appropriately represented the interests of the employees. This included scrutinising the negotiation process, the content of the agreement, and whether it provided adequate protections and benefits for the workers. The court also examined if the agreement was free from any illegal or unfair terms and if it complied with the general protections outlined in the Act.

The court found that the agreement was negotiated in good faith and covered all mandatory terms required by the Act. It concluded that the agreement was fair and reasonable, providing appropriate protections and benefits to the employees. The court approved the agreement, noting that it met all the necessary legal criteria for endorsement. The decision confirmed the enforceability of the agreement and its compliance with industrial laws.

The final orders of the court included the approval of the Invicta Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, affirming its enforceability and compliance with the Fair Work Act 2009. The court's decision provided clarity and legal certainty for both the union and the employer, ensuring that the agreement would be upheld as a valid and binding contract.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established