DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3362)

INVICTA SITE SERVICES PTY LTD AND CFMEU (WA) ELIZABETH QUAY AND CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Invicta Site Services Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Invicta Site Services Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 17 September 2019 and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Invicta Site Services Pty Ltd, sought approval of a workplace agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch). The matter was heard in the Fair Work Commission. The central dispute revolved around the fairness and validity of the proposed agreement, particularly regarding its provisions for employment conditions, wages, and dispute resolution mechanisms.

The primary legal issues before the court were whether the agreement complied with the Fair Work Act 2009, specifically the requirements for a greenfields agreement. The court had to determine if the agreement met the criteria for a simple, streamlined process and whether it was made in good faith and without coercion. Furthermore, the court needed to assess if the agreement's terms were fair and reasonable, considering the interests of both parties.

The Fair Work Commission found that the agreement was made in good faith and without coercion. The court concluded that the terms and conditions were fair and reasonable, balancing the interests of both employers and employees. The provisions on wages, employment conditions, and dispute resolution were deemed appropriate and in line with the legislative framework. The agreement was approved as it met all necessary criteria under the Fair Work Act, providing a clear and fair framework for employment at the specified sites.

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