DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2016/4118)

INVICTA SERVICES ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Invicta Services Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd T/A Workplace Solutions. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NL Consulting Services Pty Ltd T/A Workplace Solutions applied to the Fair Work Commission for the approval of the Invicta Services Enterprise Agreement 2016 - 2020. The application was contested by the Australian Manufacturing Workers Union, which claimed that certain provisions of the agreement unfairly disadvantaged employees. The dispute was heard by the Fair Work Commission, presided over by Commissioner McCabe.

The primary legal issues the Commission needed to address were whether the provisions in question met the "better off overall test" as stipulated in the Fair Work Act 2009, and whether they complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the provisions were fair and reasonable, and if they provided for better terms and conditions for employees than those provided by the relevant award or safety net. The Union argued that certain provisions were inadequate, particularly those related to leave entitlements and shift penalties.

Commissioner McCabe concluded that the provisions in question did meet the better off overall test and were fair and reasonable. The Commission found that the agreement provided for better terms and conditions than the safety net and relevant awards. The Commission held that the provisions did not unfairly disadvantage employees and were consistent with the statutory requirements. The application for approval was therefore granted.

The Fair Work Commission approved the Invicta Services Enterprise Agreement 2016 - 2020, finding that it met the necessary statutory requirements and provided for better terms and conditions than the safety net and relevant awards. The contested provisions were deemed fair and reasonable, and the application was approved as sought by NL Consulting Services Pty Ltd T/A Workplace Solutions.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established