DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6938)

INVICTA SITE SERVICES PTY LTD AND CFMEU (WA) TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Invicta Site Services Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Invicta Site Services Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Invicta Site Services Pty Ltd and CFMEU (WA) Traffic Management Enterprise Agreement 2016-2020. The application was brought before the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for traffic management officers employed by Invicta Site Services Pty Ltd.

The primary legal issues before the court were whether the enterprise agreement was fairly negotiated, and whether it met the 'better off overall test' as required by the Fair Work Act. The CFMEU argued that the agreement was fairly negotiated and that it provided benefits to the employees that outweighed any detriments. The court had to assess the fairness of the negotiation process and the overall benefits to the employees as stipulated in the agreement.

The Fair Work Commission examined the evidence presented by both parties and considered the 'better off overall test'. This test requires that the agreement must not disadvantage employees compared to their previous conditions, and that employees must be better off overall under the new agreement. The Commission found that the agreement was fairly negotiated and that it met the statutory requirements for approval. The court was satisfied that the employees would be better off under the terms of the agreement, considering factors such as wages, conditions of employment, and overall job security.

The Commission approved the enterprise agreement, finding it to be in compliance with the relevant statutory provisions. The decision was made on the basis that the agreement provided adequate protections and benefits for the employees, and that it was negotiated fairly between the employer and the union. The approval of the agreement ensures that the terms and conditions of employment for the traffic management officers are legally binding and enforceable.

Construction, Forestry, 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