Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8370)

DOWELL’S BUILDING SERVICES PTY LTD AND CFMEU UNION PUBLIC WORKS COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Dowell’s Building Services Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Dowell’s Building Services Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU 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, and that it is in the public interest to approve the Agreement.

[3] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 2 December 2021 and, in accordance with s 54, will operate from 9 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Dowell’s Building Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission, which is responsible for approving such agreements. The union and the employer had negotiated a series of terms and conditions for the workforce, which they sought to formalise through this collective agreement.

The central legal issue was whether the terms and conditions outlined in the proposed collective agreement were consistent with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission needed to determine if the agreement was in the best interests of the employees and did not undermine the existing industrial framework. The specific provisions under scrutiny included those related to wages, working hours, leave entitlements, and other employment conditions.

The Fair Work Commission found that the agreement met the necessary legal standards. The terms and conditions were deemed fair and reasonable, taking into account the broader economic environment and the specific needs of the industry. The Commission concluded that the proposed agreement was likely to benefit the employees by providing a stable and predictable work environment. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and consistent with the relevant legislative framework.

As a result of the approval, the Dowell’s Building Services Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023 was formally endorsed. This decision sets a precedent for future negotiations and agreements within the industry, ensuring that the terms and conditions are fair and balanced. The approval reflects the Commission’s commitment to facilitating productive industrial relations while protecting the rights of employees.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established