DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCL Secure Pty Ltd
(AG2020/425)

CCL SECURE ENTERPRISE AGREEMENT

Graphic Arts
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MARCH 2020

Application for approval of the CCL Secure Enterprise Agreement.

[1] CCL Secure Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the CCL Secure Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that clauses 7.9, 13.2 and 14.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clauses 4.3 and 4.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 17 March 2020 and, in accordance with s 54, will operate from 24 March 2020. The nominal expiry date of the Agreement is 15 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CCL Secure Pty Ltd was involved in an application for the approval of the CCL Secure Enterprise Agreement. The matter was heard by the Fair Work Commission (FWC) in Australia. The dispute arose from negotiations between the employer and the employees' representatives regarding terms and conditions of employment. The application was brought forth to seek formal approval of the negotiated agreement to ensure compliance with the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing if the agreement was a genuine enterprise agreement, if it was made in good faith, and if it provided for proper procedures for its negotiation, variation, and termination. Additionally, the FWC had to determine if the agreement complied with the provisions of the National Employment Standards and other applicable award provisions.

In examining the evidence and submissions, the FWC found that the agreement was genuinely negotiated and made in good faith. It was determined that the agreement provided for adequate procedures and contained all necessary provisions as required by the Fair Work Act. The FWC concluded that the proposed agreement met all the statutory requirements and did not disadvantage employees in comparison to the applicable awards or the National Employment Standards. As a result, the FWC approved the CCL Secure Enterprise Agreement.

The Fair Work Commission granted the application for approval of the CCL Secure Enterprise Agreement, determining that it was a genuine agreement negotiated in good faith and complied with all statutory requirements. The approved agreement is now binding on the employer and the employees, setting the terms and conditions of employment as negotiated.

CCL Secure Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established