CCM Group Australia Pty Ltd T/A CCM Group Australia

[2014] FWCA 5143

FAIR WORK COMMISSION

DECISION

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

CCM Group Australia Pty Ltd T/A CCM Group Australia
(AG2014/1538)

CCM GROUP AUSTRALIA ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 30 JULY 2014

Application for approval of the CCM Group Australia Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CCM Group Australia Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 6 August 2014. The nominal expiry date of the Agreement is 6 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves CCM Group Australia Pty Ltd, trading as CCM Group Australia, and the Fair Work Commission (FWC). The dispute pertains to an application for the approval of the CCM Group Australia Ichthys Onshore Construction Greenfields Agreement. This agreement was made under the Fair Work Act 2009, aiming to ensure that employees of CCM Group Australia involved in the Ichthys Onshore Construction project are covered by a modern award, thus guaranteeing their minimum entitlements. The case was heard by the Fair Work Commission, which has the authority to approve such agreements if they meet the legislative criteria.

The legal issues before the Commission included whether the agreement was genuinely made without any coercion and whether it provided fair and reasonable terms and conditions for the employees. The Commission also had to determine if the agreement complied with the procedural fairness and good faith requirements stipulated by the Fair Work Act. Furthermore, it was essential to ascertain whether the agreement facilitated genuine enterprise bargaining and provided adequate protection for employees' rights.

In its reasoning, the Commission considered the evidence provided by both CCM Group Australia and the employees' representatives. The Commission examined the processes followed in negotiating the agreement, the terms of the agreement, and whether they were in line with the objectives of the Fair Work Act. The Commission concluded that the agreement was genuinely made without any coercion, and it provided fair and reasonable terms for the employees. It was also determined that the agreement complied with the necessary procedural fairness and good faith requirements. The Commission found that the agreement facilitated genuine enterprise bargaining and adequately protected the employees' rights.

The Fair Work Commission approved the CCM Group Australia Ichthys Onshore Construction Greenfields Agreement, confirming its validity and effectiveness. This decision ensures that the employees involved in the project are covered by a modern award, thus guaranteeing their minimum entitlements as prescribed by law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established