Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1864

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5751)

SOUTH PACIFIC SOLAR TRUST T/AS SOLARX PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the South Pacific Solar Trust T/As Solarx Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 .

[1] An application has been made for approval of an enterprise agreement known as the South Pacific Solar Trust T/As Solarx Pty Ltd and the 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 3 April 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 sought approval for the South Pacific Solar Trust T/As Solarx Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the enterprise agreement was appropriately certified and whether the union had the necessary authorisation to apply for its approval. The Commission was tasked with determining whether the application met the legal requirements for approval of the enterprise agreement.

The primary legal issues revolved around the certification of the enterprise agreement and the union's authority to apply for its approval. The union argued that the enterprise agreement had been appropriately certified and that it had the requisite authorisation to apply for its approval. Conversely, the applicant contended that the union did not have the necessary authority to apply for the agreement's approval and that the certification process was flawed. The Commission had to scrutinise the evidence and arguments presented by both parties to determine whether the union's application complied with the relevant legal standards.

The Commission assessed the evidence and arguments from both parties and concluded that the union's application for approval of the enterprise agreement was valid. The Commission found that the union had the necessary authorisation to apply for the agreement's approval and that the certification process was in accordance with the applicable legal requirements. Consequently, the Commission approved the application and authorised the enterprise agreement. The Commission's decision was based on a thorough examination of the evidence and a careful consideration of the legal principles governing the certification and approval of enterprise agreements.

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