DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5061)

DOWELL'S BUILDING SERVICES PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 14 NOVEMBER 2018

Application for approval of the Dowell's Building Services Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Dowell's Building Services Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Dowell's Building Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) Union Collective Agreement 2018-2019. The applicant, Dowell's Building Services Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The CFMMEU represented the employees in the dispute. The central issue before the Commission was whether the agreement met the requirements for approval under the Act, specifically whether it complied with the provisions concerning the avoidance of industrial action and the facilitation of good faith bargaining.

The Commission examined the agreement to determine if it provided for the avoidance of industrial action by ensuring that it did not enable or encourage protected industrial action. The Commission also assessed if the agreement facilitated good faith bargaining by allowing for an effective resolution of workplace issues without resorting to industrial action. The CFMMEU argued that the agreement did not facilitate good faith bargaining, as it included provisions that could lead to protected action. Dowell's Building Services Pty Ltd contended that the agreement was fair and reasonable, and it would facilitate good faith bargaining by providing a clear framework for resolving disputes.

After reviewing the arguments and the contents of the agreement, the Commission found that the agreement did not comply with the requirements for approval under section 234 of the Fair Work Act 2009. The Commission determined that the agreement contained provisions that could potentially enable or encourage protected action, thereby not avoiding industrial action as required. Consequently, the application for approval was dismissed. The Commission's decision was based on the specific provisions within the agreement that did not align with the statutory requirements for the avoidance of industrial action and the facilitation of good faith bargaining. The final orders were that the application for approval of the agreement was dismissed.

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