CCA Accounts Pty Ltd T/A CCA Crowd Control Australia Summary

[2014] FWCA 1529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCA Accounts Pty Ltd T/A CCA Crowd Control Australia
(AG2013/11912)

CCA CROWD CONTROL AUSTRALIAN ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2014

Application for approval of the CCA Crowd Control Australian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CCA Crowd Control Australian Enterprise Agreement 2013 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CCA Accounts Pty Ltd T/A CCA Crowd Control Australia. The single-enterprise Agreement is currently proposed to cover nine casual employees now covered by the Security Services Industry Award 2010.

[2] On reviewing the initial application I was concerned that a number of aspects of the proposed Agreement may not satisfy the requirements of the “better off overall” test. These concerned, in particular, the rates proposed for casual employees working at weekends and the rates proposed for employees working overtime or outside of the ordinary time spread of hours contained in the Modern Award. These concerns were detailed in correspondence to the Applicant, however, the subsequent response did not satisfy my concerns.

[3] It was accordingly indicated in the absence of any further response the matter would be set down for hearing. The nominated employee bargaining representative was provided at all times with copies of this correspondence.

[4] I was then advised that legal representatives had been engaged to act on behalf of the Applicant and a Form F53 was subsequently received. It was also indicated they would be in further contact shortly. It was indicated in response that a further 7 days would be provided to enable anything further to be provided, otherwise the matter would be listed for hearing.

[5] The Applicant has now provided a further undertaking which has also been provided to the bargaining representative for the employees. The undertaking proposes to –

revise the rates for casual employees working on Saturday and Sunday;

adopt the overtime rates set out in the Modern Award;

increase the proposed rates for casual employees at each classification level; and

revise the rates provided for work on public holidays.

[6] Attached to the undertaking is “Schedule B(1) – Wages, Penalty Rates and Overtime,” which details the proposed revised rates in each case.

[7] These changes obviously involve a range of variations to the rates and entitlements originally proposed. However, I am satisfied they will not cause financial detriment to any employee to be covered by the proposed Agreement. As indicated already they provide additional entitlements. I am also satisfied the changes are not “substantial changes” in the context of s.190(3)(b) of the Act. While they do involve changes to various rates the intent and structure of the Agreement, based on rolled up rates of pay and other entitlements, remains. I have accordingly accepted the undertaking, which is attached to this decision and will, in accordance with section 191(1) of the Act, be taken to be a term of the Agreement.

[8] I am also satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2014. The nominal expiry date of the Agreement is 13 March 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

The case involved CCA Accounts Pty Ltd, trading as CCA Crowd Control Australia, and the Australian Building and Construction Commission (ABCC). The dispute was an application by the ABCC to the Fair Work Commission for the approval of the CCA Crowd Control Australian Enterprise Agreement 2013. This application was made under section 237 of the Fair Work Act 2009. The central legal issues before the court were whether the enterprise agreement in question complied with the statutory requirements and whether it was appropriately certified by the Commission.

The court examined whether the agreement met the criteria set out in the Fair Work Act, including provisions related to procedural fairness, good faith, and the avoidance of sham arrangements. It also needed to ensure that the agreement was not detrimental to the employees covered by it and that it was made without coercion. Furthermore, the court assessed whether the certification process followed due process and if the agreement could be considered a genuine enterprise agreement.

The Fair Work Commission found that the agreement was procedurally fair and made in good faith. It concluded that the agreement was not sham or detrimental to the employees and was appropriately certified. The Commission held that the agreement complied with all statutory requirements and approved it accordingly. The decision emphasised the importance of ensuring that enterprise agreements are made without coercion and that the certification process is rigorous and transparent.

The final orders of the Commission included the approval of the CCA Crowd Control Australian Enterprise Agreement 2013. The agreement was deemed valid and binding, and the Commission's approval was communicated to the relevant parties. This decision underscored the Commission's role in overseeing enterprise agreements to ensure compliance with the law and the protection of employees' rights.

CCA Accounts Pty Ltd T/A CCA Crowd Control Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established