DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4722)

DOWELL’S BUILDING SERVICES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2021

Application for approval of the Dowell’s Building Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[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 Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers’ Union (AMWU) are 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] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU, the CEPU and the AMWU and that the Agreement covers these organisations.

[4] The Agreement was approved on 7 May 2021 and, in accordance with s 54, will operate from 14 May 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an enterprise agreement made with Dowell’s Building Services Pty Ltd in relation to the Southern Queensland Correctional Precinct Stage 2 Project. The employer argued that the application should be dismissed because the agreement did not meet certain procedural requirements. The CFMEU argued that the procedural requirements were not mandatory and that the agreement should be approved. The Fair Work Commission was required to decide whether the application should be approved and whether the procedural requirements were mandatory. The Fair Work Commission held that the procedural requirements were not mandatory and that the application should be approved. The Commission found that the agreement was made in good faith and that the procedural requirements were not essential to the validity of the agreement. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission approved the application and the agreement was registered. The employer was ordered to give effect to the agreement and to take all necessary steps to ensure that it was implemented.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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