DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Invicta Scaffolding Pty Ltd T/As Invicta Services
(AG2018/286)

INVICTA SERVICES ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 APRIL 2018

Application for variation of the Invicta Services Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of a variation to the Invicta Services Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by Invicta Scaffolding Pty Ltd t/as Invicta Services pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 16 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Invicta Scaffolding Pty Ltd trading as Invicta Services was heard. The applicant sought a variation of the Invicta Services Enterprise Agreement 2016-2020, specifically addressing the classification and remuneration of employees. The dispute centred on the proper classification of certain employees under the award, with the applicant arguing that certain employees should be classified as 'labourers' rather than 'scaffolders', which would result in a reduction in their rates of pay.

The legal issues before the Commission included whether the employees in question were appropriately classified as labourers under the relevant award, and if so, whether this classification should be upheld or if the employees should be reclassified as scaffolders. The applicant argued that the employees were labourers who did not perform the duties typically associated with scaffolders, and thus should be paid at a lower rate. Conversely, the respondent contended that the employees' duties aligned with the skills and responsibilities of scaffolders and should therefore be classified accordingly.

The Commission considered the duties performed by the employees and the applicable provisions of the award. It was determined that the employees' roles involved tasks that were more akin to labourers rather than scaffolders, as the applicant had argued. Consequently, the Commission found that the employees should be classified as labourers, and their rates of pay adjusted to reflect this classification. The decision was based on the employees' actual duties and the specific criteria outlined in the award.

The Commission ordered that the Invicta Services Enterprise Agreement 2016-2020 be varied to reflect the correct classification of the employees as labourers, with corresponding adjustments to their rates of pay. This decision was made in light of the evidence presented and the specific criteria outlined in the award, ensuring that the employees' classification accurately reflected their roles and responsibilities.

Invicta Scaffolding Pty Ltd T/As Invicta Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established