Southern Cross Electrical Engineering Limited Summary

[2013] FWCA 2320

FAIR WORK COMMISSION

DECISION

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

Southern Cross Electrical Engineering Limited
(AG2013/816)

SCEE GROSVENOR PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 APRIL 2013

Application for approval of the SCEE Grosvenor Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 April 2013 by Southern Cross Electrical Engineering Limited for the approval of a Greenfields agreement known as the SCEE Grosvenor Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[4] On 17 April 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Cross Electrical Engineering Limited applied to the Fair Work Commission for approval of the SCEE Grosvenor Project Union Greenfields Agreement. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union and the Electrical Trades Union opposed the application on various grounds, including that the agreement did not meet the requirements of a registered agreement, and that the process for its approval was flawed.

The primary legal issue before the Commission was whether the application complied with the requirements of section 232 of the Fair Work Act 2009 for the approval of a registered agreement. The Commission considered whether the agreement was made in good faith, whether it had been fairly negotiated, and whether it was in the best interests of the employees. The Commission also considered the process by which the agreement was negotiated and whether it was compliant with the Act.

The Commission found that the application did comply with the requirements of the Act. It found that the agreement had been made in good faith, fairly negotiated and in the best interests of the employees. The Commission found that the process for the negotiation of the agreement was compliant with the Act, and that the agreement met the requirements of a registered agreement. The Commission approved the application, and the SCEE Grosvenor Project Union Greenfields Agreement was registered as a registered agreement under the Fair Work Act 2009.

Southern Cross Electrical Engineering Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established