Dowell's Building Services Pty Ltd

[2013] FWCA 3056

FAIR WORK COMMISSION

DECISION

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

Dowell's Building Services Pty Ltd
(AG2013/1103)

DOWELL'S BUILDING SERVICES PTY LTD AUSTRALIA PACIFIC LNG PROJECTS UNION GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 MAY 2013

Application for approval of the Dowell's Building Services Pty Ltd Australia Pacific LNG Projects Union Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 May 2013 by Dowell’s Building Services Pty Ltd for the approval of a Greenfields agreement known as the Dowell’s Building Services Pty Ltd Australia Pacific LNG Projects Union Greenfield Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[4] On 15 May 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dowell's Building Services Pty Ltd sought approval for the Dowell's Building Services Pty Ltd Australia Pacific LNG Projects Union Greenfield Agreement 2013. The Fair Work Commission was the tribunal before which the application was lodged. The dispute centred on the terms of the proposed agreement, specifically its compliance with the Fair Work Act 2009 and the appropriate balance between the interests of the employer and the employees.

The legal issues before the Commission included whether the agreement provided for a fair and equitable balance of rights and obligations, and whether it complied with the provisions of the Fair Work Act and the National Employment Standards. The Commission had to assess the fairness of the proposed terms and conditions, the protection of employees' rights, and the overall compliance of the agreement with relevant industrial laws.

In reaching its decision, the Commission carefully examined the submissions from both Dowell's Building Services Pty Ltd and the union. It considered the provisions of the Fair Work Act, the National Employment Standards, and relevant precedents. The Commission found that the agreement, while not perfect, achieved a fair and equitable balance of rights and obligations. It was satisfied that the agreement met the legal requirements and did not unjustifiably disadvantage either party. The Commission approved the agreement subject to certain conditions.

The final orders included the approval of the Dowell's Building Services Pty Ltd Australia Pacific LNG Projects Union Greenfield Agreement 2013, with specific conditions that aimed to ensure compliance with the Fair Work Act and the protection of employees' rights. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established