Construction, Forestry, Mining and Energy Union-Construction and General Division

[2014] FWCA 2718

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2014/881)

DOWELL'S BUILDING SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014 - 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 APRIL 2014

Application for approval of the Dowell's Building Services Pty. Ltd. / CFMEU Collective Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Dowell's Building Services Pty. Ltd. / CFMEU Collective Agreement 2014-2015 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by the Construction, Forestry, Mining and Energy Union.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, s 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 contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 May 2014. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Construction and General Division (CFMEUCG) filed an application with the Fair Work Commission for the approval of a collective agreement between Dowell's Building Services Pty. Ltd. and the CFMEU. The agreement pertained to a range of employment terms and conditions applicable to the employees of Dowell's Building Services Pty. Ltd. The central dispute involved whether the agreement complied with the statutory requirements set forth in the Fair Work Act 2009, particularly concerning the provisions of the agreement that related to the terms and conditions of employment.

The primary legal issue before the Commission was whether the collective agreement contained all the mandatory terms and conditions as required by the Fair Work Act 2009. This included assessing whether the agreement provided for minimum wage rates, penalty rates, leave entitlements, and other essential employment conditions. The CFMEUCG argued that the agreement was comprehensive and complied with the statutory requirements, while Dowell's Building Services Pty. Ltd. raised concerns about specific provisions within the agreement, particularly regarding the calculation of penalty rates.

The Fair Work Commission, in its decision, examined the collective agreement clause by clause to ensure it met the statutory obligations. The Commission found that while the agreement generally complied with the mandatory requirements, there were some discrepancies that needed correction. Notably, the Commission identified issues with the calculation of penalty rates, which were not fully aligned with the provisions of the Fair Work Act 2009. The Commission required amendments to the agreement to address these discrepancies. After the necessary revisions were made, the Commission approved the collective agreement, confirming that it met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission ordered that the collective agreement, as amended, be approved and registered. This decision ensured that the agreement would be legally binding on the parties and provide a clear framework for the employment terms and conditions of Dowell's Building Services Pty. Ltd. employees. The approval also set a precedent for similar agreements in the construction industry, emphasising the importance of compliance with statutory employment standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established