DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCL Secure Pty Ltd
(AG2018/3445)

CCL SECURE ENTERPRISE AGREEMENT

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COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2018

Application for approval of the CCL Secure Enterprise Agreement.

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

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

[3] Subject to the undertakings referred to above, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• clause 7.9 – abandonment of employment

• clause 13 – annual leave

• clause 14.1(4) – personal leave

However, noting clause 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.

[5] 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.

[6] 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.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 15 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CCL Secure Pty Ltd, an Australian security company, filed an application seeking the Fair Work Commission’s approval of the CCL Secure Enterprise Agreement. The application was opposed by the Transport Workers Union, which raised concerns about certain provisions within the agreement, particularly those related to rostered days off and penalty rates. The matter was heard in the Fair Work Commission, which needed to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to resolve were whether the provisions of the proposed enterprise agreement complied with the statutory requirements for coverage, fairness, and the proper processes for agreement formation. The Commission examined whether the agreement was negotiated in good faith and whether it provided for minimum entitlements in line with the Act. The Commission also assessed whether the agreement included adequate dispute resolution mechanisms and whether it adhered to the procedural fairness standards.

In its decision, the Fair Work Commission found that the CCL Secure Enterprise Agreement met the statutory requirements for approval. The Commission concluded that the agreement was negotiated in good faith, provided for the necessary minimum entitlements, and included appropriate dispute resolution mechanisms. The Commission found that the concerns raised by the Transport Workers Union did not sufficiently undermine the fairness and compliance of the agreement. The Commission approved the CCL Secure Enterprise Agreement, finding it to be compliant with the Fair Work Act 2009.

The Fair Work Commission ordered that the CCL Secure Enterprise Agreement be approved and registered, effective from the date of the decision. The decision concluded that the agreement met all legal criteria for approval, including the requirements for coverage, fairness, and procedural fairness. The Commission's approval enabled the agreement to provide the basis for the terms and conditions of employment for the relevant employees.

CCL Secure Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established