DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5363)

DOWELL'S BUILDING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JUNE 2021

Application for approval of the Dowell's Building Services Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Dowell’s Building Services Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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.

[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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dowell's Building Services Pty Ltd, applied to the Fair Work Commission for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The proposed agreement, covering the period 2020-2022, was subject to scrutiny to ensure compliance with the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions set forth in the agreement, specifically regarding wages, hours of work, and other employment conditions.

The court was required to determine whether the collective agreement met the statutory requirements under the Fair Work Act. This involved assessing the agreement's provisions against the legislative framework to ensure it did not contravene any provisions of the Act, nor did it unfairly discriminate against any employees or employers. The court also needed to consider whether the agreement adequately represented the interests of both parties and provided a fair and equitable outcome for all involved.

In rendering its decision, the court examined the provisions of the proposed agreement, finding that it complied with the Fair Work Act. The agreement contained clear and transparent terms that were not inconsistent with the legislative requirements. The court concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The court approved the collective agreement, highlighting its adherence to the statutory framework and its fair representation of the parties' interests.

The final orders of the court were that the Dowell's Building Services Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 was approved and registered under the Fair Work Act 2009. The agreement was deemed to be in effect from the date of approval, governing the employment conditions of the relevant employees for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established