DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6941)

PROJECT SITE SERVICES PTY LTD AND CFMEU (WA) SUB-CONTRACTOR GREENFIELD AGREEMENT 2016-2020

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

Application for approval of the Project Site Services Pty Ltd and CFMEU (WA) Sub-contractor Greenfield Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Project Site Services Pty Ltd and CFMEU (WA) Sub-contractor Greenfield 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Project Site Services Pty Ltd for approval of a sub-contractor agreement with the Construction, Forestry, Mining and Energy Union (WA Branch). The union sought to establish terms and conditions for sub-contractors working on sites where Project Site Services Pty Ltd had contracts. The application was brought under section 235 of the Fair Work Act 2009, which allows for the approval of agreements that facilitate workplace efficiency and productivity. The Commission was tasked with determining whether the proposed agreement met the criteria for approval and if it provided appropriate protections for sub-contractors.

The primary legal issue before the Commission was whether the proposed sub-contractor agreement met the legislative requirements for approval under the Fair Work Act. This included assessing if the agreement facilitated productivity, efficiency, or flexibility in the workplace and whether it provided adequate protections for sub-contractors. The Commission also needed to consider whether the agreement was consistent with the overarching objectives of the Fair Work Act, such as ensuring fair work conditions and promoting cooperative workplace relations.

In delivering its decision, the Commission found that the proposed sub-contractor agreement did indeed meet the criteria for approval. It was determined that the agreement facilitated productivity and efficiency by providing clear and practical terms for sub-contracting arrangements. The Commission was satisfied that the agreement offered appropriate protections for sub-contractors, including provisions for fair pay and working conditions. It was concluded that the agreement was consistent with the objectives of the Fair Work Act and would contribute positively to the industrial relations landscape. The Commission approved the sub-contractor agreement, setting a precedent for similar agreements in the industry.

The Fair Work Commission approved the Project Site Services Pty Ltd and CFMEU (WA) Sub-contractor Greenfield Agreement 2016-2020, effective from the date of the decision. This approval allows for the implementation of the agreement, providing a framework for sub-contracting arrangements in the specified industry.

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