DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1857)

DOWELL'S BUILDING SERVICES PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

Application for approval of the Dowell's Building Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Dowell’s Building Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by 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 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 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 3 July 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a Union Collective Agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Dowell's Building Services Pty Ltd (Queens Wharf Project). The CFMEU sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment within the construction industry, specifically concerning the Queens Wharf Project.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether the agreement was in the best interests of the employees. The Commission considered the provisions of section 234 of the Act, which mandates that an agreement must be in writing, must not be contrary to law, and must not provide for payment at a rate less than the applicable award or registered agreement. Additionally, the Commission assessed whether the agreement contained provisions that were likely to result in improved working conditions, better pay, or other benefits for the employees.

In delivering its decision, the Fair Work Commission noted that the agreement comprehensively addressed various aspects of employment, including wages, hours of work, and other conditions. The Commission found that the agreement did not contravene any legal provisions and that it provided for a fair balance of rights and obligations between the parties. The Commission also determined that the agreement was likely to result in improved working conditions for the employees, thereby meeting the criteria for approval under section 234 of the Act.

The Fair Work Commission approved the Dowell's Building Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, subject to the terms and conditions set out in the agreement. The decision emphasised the importance of collective bargaining in achieving fair and equitable outcomes for employees in the construction industry.

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