Southern Cross Electrical Engineering Limited

[2013] FWCA 3785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Electrical Engineering Limited
(AG2013/1454)

SOUTHERN CROSS ELECTRICAL ENGINEERING LIMITED - CEPU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JUNE 2013

Application for approval of the Southern Cross Electrical Engineering Limited - CEPU - Gorgon Project - Barrow Island Greenfields Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Electrical Engineering Limited - CEPU - Gorgon Project - Barrow Island Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Southern Cross Electrical Engineering Limited - CEPU - Gorgon Project - Barrow Island Greenfields Agreement 2012. The application was made by the company to the Fair Work Commission under the Fair Work Act 2009, seeking approval of the agreement which outlines the terms and conditions of employment for its workers involved in the Gorgon Project on Barrow Island. The company argued that the agreement would provide for more efficient and productive workplaces, and better industrial relations.

The legal issues before the court were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act and whether the agreement was in the best interests of the employees. The court considered whether the agreement was genuinely an enterprise agreement, whether it dealt with the matters it purported to deal with, and whether it provided for the proper operation of the enterprise.

The court found that the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act. The agreement was found to be genuinely an enterprise agreement as it was made by the employer and the employees, dealt with the matters it purported to deal with, and provided for the proper operation of the enterprise. The court also found that the agreement was in the best interests of the employees as it provided for a number of benefits including increased wages and better working conditions. The court approved the agreement.

The court's decision was based on the evidence presented by both parties and the provisions of the Fair Work Act. The court found that the agreement was a genuine enterprise agreement and that it provided for the proper operation of the enterprise and the best interests of the employees. The court approved the agreement and it will now be binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established