Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 15

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9085)

Dowell's Building Services Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JANUARY 2022

Application for approval of the Dowell's Building Services Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the Dowell’s Building Services Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Dowell's Building Services Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025. The applicant, Dowell's Building Services Pty Ltd, sought approval of the agreement from the Commission, as it believed that the agreement contained provisions that were in the best interests of its employees and the overall industry. The respondent, the CFMEU Minor Civil Construction Union, did not oppose the application but raised concerns regarding certain provisions of the agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved an examination of the provisions of the agreement to ensure that they complied with the relevant legislative framework, including the protection of employees' rights and interests, and the promotion of productive and harmonious workplace relations. The Commission also had to consider whether the agreement was made in good faith and whether it contained provisions that were reasonably necessary to facilitate the efficient operation of the workplace.

In making its decision, the Commission considered the submissions of both parties and examined the provisions of the agreement in detail. The Commission found that the agreement contained provisions that were in the best interests of the employees and the industry, and that it complied with the requirements of the Fair Work Act. The Commission also found that the agreement had been made in good faith and that it contained provisions that were reasonably necessary to facilitate the efficient operation of the workplace. Accordingly, the Commission approved the agreement, subject to certain minor modifications to address the concerns raised by the respondent.

The Fair Work Commission approved the Dowell's Building Services Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025, subject to minor modifications. The modifications included changes to the provisions relating to shift patterns, overtime, and the use of subcontractors. The Commission's decision was based on its finding that the agreement contained provisions that were in the best interests of the employees and the industry, and that it complied with the requirements of the Fair Work Act. The approval of the agreement will provide certainty and stability to the parties and their employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established