DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7558)

DOWELL BUILDING SERVICES PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Dowell Building Services Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017.

[1] An application has been made for approval of an enterprise Agreement known as the Dowell Building Services Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Dowell Building Services Pty Ltd. The union sought approval for a proposed agreement, the Dowell Building Services Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017, which was to be registered as a greenfields agreement under the Fair Work Act 2009. The dispute arose from concerns over whether the agreement was appropriate for registration, given its potential impact on the employees and the employer, and whether it complied with the statutory requirements for such agreements. The matter was heard by the Fair Work Commission, the body responsible for overseeing the registration and enforcement of workplace agreements in Australia.

The legal issues before the Commission centred on the appropriateness of the proposed agreement for registration. Key questions included whether the agreement adequately protected the rights and interests of employees, whether it was consistent with the principles of enterprise flexibility and the public interest, and if it met the specific statutory criteria for greenfields agreements. The Commission had to determine if the agreement provided sufficient protections for employees, including terms and conditions of employment, and whether it was a genuine enterprise agreement. Additionally, the Commission examined whether the agreement complied with the statutory provisions designed to ensure that greenfields agreements were beneficial and did not unduly restrict enterprise bargaining.

In its decision, the Fair Work Commission carefully considered the terms of the proposed agreement and the submissions from both the CFMEU and Dowell Building Services Pty Ltd. The Commission noted the importance of greenfields agreements in facilitating investment and development in new projects, while also ensuring that employees' rights and protections were not compromised. After evaluating the evidence and arguments presented, the Commission found that the agreement did not adequately protect the rights and interests of employees, particularly in relation to the terms and conditions of employment. The Commission concluded that the agreement was not suitable for registration as it failed to meet the statutory requirements for greenfields agreements under the Fair Work Act 2009. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision was based on a thorough analysis of the agreement's compliance with the statutory framework for greenfields agreements. The Commission determined that the proposed agreement did not provide the necessary protections for employees, which was a critical factor in its decision to deny approval. The Commission's findings underscore the importance of ensuring that any workplace agreement, particularly those under the greenfields category, adequately safeguards employees' rights and interests while facilitating business and economic development.

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