Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/446)

DOWELL'S BUILDING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027 (MOBILE CRANES)

Building services
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2024

Application for approval of the Dowell's Building Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Mobile Cranes)

An application has been made for approval of a greenfields agreement known as the Dowell’s Building Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Mobile Cranes) (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 and Maritime Employees Union is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2024. The nominal expiry date of the Agreement is 2 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) made an application to the Fair Work Commission for the approval of the Dowell's Building Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Mobile Cranes). The dispute arose as the company, a subcontractor for the construction of a high-rise building, sought to enter into a collective agreement with the union to govern the terms and conditions of employment for its mobile crane operators. The union argued that the proposed agreement was necessary to ensure fair and reasonable terms for its members.

The legal issues before the Fair Work Commission were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009. The primary concerns were whether the agreement contained appropriate mechanisms for the resolution of disputes between the parties and whether it complied with the requirements for "good faith" bargaining. The union argued that the proposed agreement included adequate dispute resolution processes and that it was the product of good faith negotiations. The company, on the other hand, contended that the agreement failed to provide for the necessary dispute resolution mechanisms and that it did not reflect good faith bargaining.

The Fair Work Commission found that the proposed agreement did include appropriate mechanisms for the resolution of disputes between the parties. The union had demonstrated that it had engaged in good faith negotiations with the company and that the agreement reflected a fair and reasonable outcome for its members. The Commission was satisfied that the agreement contained provisions for the resolution of disputes through conciliation and arbitration, which were in line with the requirements of section 230 of the Fair Work Act 2009. The Commission also noted that the agreement provided for a review of its provisions every two years, which was an adequate mechanism for ensuring that the agreement remained fair and reasonable for both parties.

The Fair Work Commission approved the Dowell's Building Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Mobile Cranes) and ordered that it be registered. The agreement would now govern the terms and conditions of employment for the mobile crane operators employed by the company, providing a framework for fair and reasonable working conditions in the industry.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established