DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4913)

DOWELL'S BUILDING SERVICES PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 MAY 2021

Application for approval of the Dowell's Building Services Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Dowell’s Building Services Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 the Construction, Forestry, Maritime, Mining and Energy 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2021. The nominal expiry date of the Agreement is 2 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Dowell's Building Services Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The agreement, intended to govern the employment conditions of workers involved in the project, was contested due to concerns raised by the CFMEU regarding its compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards and could be approved as a Greenfields Agreement.

The primary legal issues the Commission had to address included whether the agreement was genuinely negotiated, if it complied with the requirements of a Greenfields Agreement, and whether it provided fair and reasonable terms for the employees. A central point of contention was the extent to which the agreement reflected genuine negotiations between the parties and whether it adequately safeguarded the interests of the workers, particularly given the unique nature of Greenfields Agreements which are designed to encourage new projects by offering flexibility in employment terms.

In deliberating on these issues, the Commission considered the evidence presented by both parties, the negotiation process, and the content of the agreement itself. The Commission found that the agreement was the product of genuine negotiations, as evidenced by the detailed records and the involvement of both parties in the bargaining process. Furthermore, the Commission was satisfied that the agreement met the statutory criteria for Greenfields Agreements, providing fair and reasonable terms for the employees while allowing for flexibility in the project's execution. Consequently, the Commission approved the Dowell's Building Services Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

The final orders of the Commission were to approve the agreement, allowing it to be registered and enforceable as a Greenfields Agreement under the Fair Work Act. This decision confirmed the agreement's validity and provided clarity for all parties involved in the project, facilitating its progression while ensuring the protection of employee rights.

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