DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6018)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Project 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 Project Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by the 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 17 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 case before the Fair Work Commission involved an application for approval of the Project Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The Construction, Forestry, Mining and Energy Union sought approval of the agreement, which outlined terms and conditions for employees of Project Site Services Pty Ltd. The primary focus of the case was on whether the agreement met the legal standards and requirements for fair and reasonable terms and conditions.

The legal issues before the Commission included whether the agreement was genuinely bargained, if it contained terms that were fair and reasonable, and if it adhered to the Fair Work Act 2009. The Commission needed to examine if the agreement provided for fair and reasonable terms and conditions, and if it met the standard of being "better off overall than if the agreement had not been made." The Commission also had to determine if the agreement was genuinely negotiated between the employer and the union.

The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions. The agreement was considered to be better off overall for the employees, and the Commission was satisfied that the parties had met the requirements of the Fair Work Act 2009. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees of Project Site Services Pty Ltd.

The Fair Work Commission approved the Project Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020, finding that it met the legal requirements and provided for fair and reasonable terms and conditions for the employees. The Commission's decision was based on the evidence presented and the application of the relevant legislation. The approval of the agreement ensures that the employees of Project Site Services Pty Ltd will benefit from the agreed-upon terms and conditions.

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