Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8711)

SOUTHERN CROSS SHOPFITTING UNIT TRUST T/AS INTERNATIONAL SOUTHERN CROSS PTY LTD AND CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the Southern Cross Shopfitting Unit Trust T/As International Southern Cross Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Shopfitting Unit Trust T/As International Southern Cross Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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.

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 6 September 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFME) applied for approval of the Southern Cross Shopfitting Unit Trust Trading as International Southern Cross Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The respondent, Southern Cross Shopfitting Unit Trust, did not oppose the application but raised concerns about the scope of the agreement, specifically whether it should cover employees of International Southern Cross Pty Ltd. The Commission had to decide if the agreement was eligible for approval under the Fair Work Act 2009.

The key legal issue was whether the enterprise agreement was appropriately tailored to the enterprise it purported to cover. The CFMEU argued that the agreement was a genuine enterprise agreement, while the respondent raised questions about the correct scope and coverage of the agreement. The Commission examined the evidence presented by both parties and assessed whether the agreement met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and was appropriately tailored to the enterprise it sought to cover. The Commission determined that the agreement was not overly broad and did not include terms that were not directly related to the enterprise. The Commission also found that the agreement met all the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Southern Cross Shopfitting Unit Trust Trading as International Southern Cross Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from 1 April 2011. The agreement was registered under the Fair Work Act 2009 and will remain in effect until 31 March 2015.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established