DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6962)

INVICTA SITE SERVICES PTY LTD AND CFMEU (WA) SUB-CONTRACTOR GREENFIELDS 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) Sub-contractor Greenfields 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) Sub-contractor Greenfields 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 case before the Federal Court was brought by the Construction, Forestry, Mining and Energy Union (CFMEU) seeking approval of the Invicta Site Services Pty Ltd and CFMEU (WA) Sub-contractor Greenfields Agreement 2016-2020. The agreement in question was intended to regulate the relationship between sub-contractors and the principal contractor, Invicta Site Services, in relation to work on the Greenfields project. The dispute arose from disagreements over the terms of the agreement and its implications for the employees and sub-contractors involved.

The primary legal issues before the court were whether the agreement was sufficiently detailed to warrant approval, and whether it complied with the relevant provisions of the Fair Work Act 2009. The CFMEU argued that the agreement contained adequate terms and conditions to protect the interests of the employees and sub-contractors, while Invicta Site Services contended that the agreement was too vague and did not meet the statutory requirements for approval. The court needed to determine whether the agreement met the necessary standards for a safety net agreement under the Fair Work Act.

The court considered the arguments presented by both parties and examined the terms of the agreement. It was determined that the agreement, while not perfect, contained sufficient provisions to ensure that the employees and sub-contractors would be protected under the agreement. The court found that the agreement met the necessary standards for a safety net agreement and approved the Invicta Site Services Pty Ltd and CFMEU (WA) Sub-contractor Greenfields Agreement 2016-2020. The court found that the agreement was sufficiently detailed and compliant with the relevant provisions of the Fair Work Act.

The court's approval of the agreement ensures that the employees and sub-contractors involved in the Greenfields project will be protected under the terms of the agreement. This decision provides clarity for future agreements and ensures that the rights and protections of workers are upheld in the construction 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