DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6007)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Invicta Site Services Pty Ltd and CFMEU (WA) 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) Enterprise Agreement 2016-2020 (Agreement). The application was made by 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 the 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 19 October 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 Construction, Forestry, Mining and Energy Union (CFMU) and Invicta Site Services Pty Ltd (Invicta) applied to the Fair Work Commission (FWC) for the approval of their enterprise agreement. The dispute was brought before the Full Bench of the FWC, which comprised of Deputy President Ryan, Commissioner Kelly, and Commissioner Marshall. The CFMEU and Invicta were in disagreement about certain provisions of the Enterprise Agreement. Invicta argued that certain provisions were not reasonably capable of being regarded as fair and reasonable.

The legal issues before the Full Bench were whether the provisions of the Enterprise Agreement were fairly and reasonably negotiated, and if they could be regarded as fair and reasonable. The CFMEU argued that the provisions were fairly and reasonably negotiated, and were fair and reasonable. Invicta, on the other hand, argued that certain provisions were not fairly and reasonably negotiated, and were not fair and reasonable. The Full Bench considered the arguments of both parties and reviewed the evidence provided. The Full Bench found that the provisions of the Enterprise Agreement were fairly and reasonably negotiated, and were fair and reasonable. The Full Bench was satisfied that the parties had genuinely negotiated the terms of the agreement, and that the provisions were reasonable and fair. The Full Bench approved the Enterprise Agreement.

The Full Bench's decision was based on the evidence presented and the arguments made by both parties. The Full Bench found that the provisions of the Enterprise Agreement were fairly and reasonably negotiated, and were fair and reasonable. The Full Bench approved the Enterprise Agreement. This decision is significant as it provides guidance on the requirements for the approval of enterprise agreements, and the standard that must be met for an agreement to be considered fair and reasonable.

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