DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5896)

SOUTHERN CROSS SHOPFITTING UNIT TRUST T/AS INTERNATIONAL SOUTHERN CROSS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Southern Cross Shopfitting Unit Trust T/As International Southern Cross Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[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 the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Southern Cross Shopfitting Unit Trust T/As International Southern Cross Pty Ltd. The central issue was the application for the approval of the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement contained mandatory terms that were prohibited under the Fair Work Act, whether the agreement facilitated genuine bargaining, and if the agreement included appropriate provisions for the protection of employees' rights and interests. The Commission had to ensure that the agreement did not disadvantage employees and complied with the principles of procedural fairness and good faith bargaining.

In its decision, the Fair Work Commission found that the agreement was free from prohibited content and that the bargaining process was conducted in good faith. The Commission concluded that the agreement was fair and appropriate, providing adequate protections for employees. The CFMEU's submission that certain terms were unfair was rejected as the Commission found that the agreement appropriately balanced the interests of both employers and employees. The Commission approved the agreement, ensuring it would contribute to a stable industrial relations environment.

No further orders were made beyond the approval of the agreement. The Commission's decision was based on a thorough examination of the agreement's content, the bargaining process, and its implications for both parties involved. The approval of the agreement was seen as a step towards maintaining fair and equitable employment practices within the industry.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established