DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1016)

DOWELL’S BUILDING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 MAY 2016

Application for approval of the Dowell’s Building Services Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[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 2015 - 2019 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 5 May 2016 and, in accordance with s.54, will operate from 12 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement with Dowell’s Building Services Pty Ltd, which would cover the period from 2015 to 2019. The CFMEU is a registered trade union, and Dowell’s Building Services is an employer in the construction industry. The CFMEU sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers within the agreement, including wages, working hours, and other employment-related matters.

The legal issues before the FWC included whether the collective agreement complied with the provisions of the Fair Work Act, particularly sections that mandate the agreement to be in the best interests of the employees, and whether the agreement provided for fair and reasonable terms and conditions. The FWC also considered whether the agreement adequately protected employees’ rights and interests, including provisions for dispute resolution and the protection of vulnerable workers.

The FWC determined that the agreement met the statutory requirements and was in the best interests of the employees. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it adequately protected employees’ rights and interests. The FWC noted the inclusion of provisions for dispute resolution and the protection of vulnerable workers as significant factors in its decision. The FWC approved the collective agreement, emphasising the importance of balancing the interests of both employees and employers in the context of a fair and equitable workplace.

The FWC’s decision was grounded in its assessment that the agreement fostered a balanced approach to employment terms that adequately protected employee rights while also considering the operational needs of the employer. The FWC concluded that the agreement provided a fair and reasonable framework for the employment relationship between Dowell’s Building Services and its employees, thereby fulfilling the statutory requirements under the Fair Work Act.

Construction, Forestry, 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