Dowsing Contractors Pty Ltd Trading AS Dowsing Contractors Summary

[2025] FWCA 778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowsing Contractors Pty Ltd Trading AS Dowsing Contractors

(AG2025/385)

DOWSING CONTRACTORS PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the Dowsing Contractors Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025

An application has been made for approval of a greenfields agreement known as the Dowsing Contractors Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act) by Dowsing Contractors Pty Ltd T/A Dowsing Contractors.

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 Australian Workers’ Union (AWU) 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 as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 March 2025. The nominal expiry date of the Agreement is 28 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Dowsing Contractors Pty Ltd, trading as Dowsing Contractors, and The Australian Workers’ Union. The dispute was about the approval of a Major Projects Agreement for the years 2025. The application was brought before the Fair Work Commission, which was required to determine whether the agreement should be certified as a modern award under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether the agreement provided for a minimum rate of pay, included provisions for penalty rates and loadings, and was in the public interest. The Commission also had to consider whether the agreement was in line with the principles of enterprise bargaining and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement met the requirements of the Fair Work Act. It provided for a minimum rate of pay, included provisions for penalty rates and loadings, and was in the public interest. The Commission also found that the agreement was in line with the principles of enterprise bargaining and provided for fair and reasonable terms and conditions of employment. The Commission certified the agreement as a modern award.

No further orders were made by the Commission. The agreement was certified as a modern award and is now in effect for the parties involved.

Dowsing Contractors Pty Ltd Trading AS Dowsing Contractors

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established