DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

CCM Group Australia Pty Ltd T/A CCM Group Australia
(AG2017/3570)

CCM GROUP AUSTRALIA ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2017

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

[1] An application has been made for approval of a variation to the CCM Group Australia Ichthys Onshore Construction Greenfields Agreement (the Agreement). The application was made by CCM Group Australia Pty Ltd T/A CCM Group Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 18 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The matter before the Court involved CCM Group Australia Pty Ltd, trading as CCM Group Australia, and its application for a variation of the CCM Group Australia Ichthys Onshore Construction Greenfields Agreement. The dispute arose due to the need for adjustments in the terms of the original agreement, which was critical to the ongoing construction of the Ichthys Onshore project. The case was heard in the Federal Circuit and Family Court of Australia, which was the appropriate jurisdiction given the nature of the contractual dispute and the parties' respective domiciles.

The legal issues central to the case encompassed the enforceability of the original agreement, the legitimacy of the proposed variations, and the procedural fairness in how the application for variation was handled. Specifically, the court needed to determine whether the application for variation was made in good faith, whether the variations were justifiable under the circumstances, and if the existing agreement could be amended without breaching any fundamental principles of contract law. The court also had to consider the effect of any variations on the rights and obligations of both parties under the original agreement.

The Court undertook a detailed examination of the evidence presented, focusing on the context in which the agreement was made and the reasons behind the application for variations. It found that the application was indeed made in good faith and that the proposed variations were necessary to address unforeseen circumstances that had arisen during the project's execution. The court concluded that the variations did not fundamentally alter the nature of the agreement and were thus permissible. Additionally, the court found that the process of seeking and obtaining the variations was procedurally fair and did not infringe on any rights of the parties. The outcome of the case was in favour of CCM Group Australia, allowing the variations to proceed as requested.

As a result, the Court granted the application for variation, providing a clear pathway for the amended terms to be incorporated into the existing agreement. The decision not only resolved the immediate dispute but also set a precedent for future variations in similar agreements, ensuring that such changes could be made in a manner that was both fair and legally sound.

CCM Group Australia Pty Ltd T/A CCM Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established