DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/51)

DOWELL’S BUILDING SERVICES PTY LTD (MOBILE CRANE) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2016

Application for approval of the Dowell’s Building Services Pty Ltd (Mobile Crane) 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 (Mobile Crane) 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 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 21 January 2016 and, in accordance with s.54, will operate from 28 January 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 case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Dowell’s Building Services Pty Ltd. The agreement in question, dated 2015-2019, pertained to employees classified as mobile crane operators within the company. The legal dispute centred on whether the terms and conditions outlined in the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set forth by the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and whether it met the criteria for being a ‘good faith’ agreement, including whether it facilitated the improvement of workplace relations. The Commission also needed to consider if the agreement contained all the necessary prescribed pay and conditions, and if it adhered to the provisions regarding the protection of employees’ rights.

In examining the application, the Commission noted that the agreement had been negotiated in good faith and included provisions that were fair and reasonable. The Commission found that the agreement contained all the necessary prescribed pay and conditions and was consistent with the overarching objectives of the Fair Work Act, including the protection of employees’ rights. The Commission further noted that the agreement facilitated the improvement of workplace relations, which was a key aspect of the good faith requirement. Accordingly, the Commission approved the application for the collective agreement, confirming its compliance with the statutory framework.

The Fair Work Commission approved the Dowell’s Building Services Pty Ltd (Mobile Crane) and CFMEU Union Collective Agreement 2015-2019, recognising it as a good faith agreement that met all the necessary statutory requirements.

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