CCM Group Australia Pty Ltd T/A Citi Commercial Maintenance

[2013] FWCA 3655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCM Group Australia Pty Ltd T/A Citi Commercial Maintenance
(AG2013/5622)

CCM GROUP AUSTRALIA ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 JUNE 2013

Application for approval of the CCM Group Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CCM Group Australia Enterprise Agreement 2013 (the 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 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 9 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved CCM Group Australia Pty Ltd, trading as Citi Commercial Maintenance, and its employees, represented by the Australian Services Union. The dispute centred on the application for the approval of the CCM Group Australia Enterprise Agreement 2013. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated the efficient determination of terms and conditions of employment and promoted high levels of job security.

The central legal issues the Commission had to resolve were whether the enterprise agreement provided for a fair and efficient system for resolving disputes, ensured that employees were not subject to unreasonable discrimination, and allowed for the flexibility needed to accommodate changes in the industry. Additionally, the Commission needed to assess whether the agreement adequately balanced the interests of both the employer and the employees, particularly in terms of job security, wages, and other working conditions.

After considering the submissions from both parties, the Fair Work Commission determined that the CCM Group Australia Enterprise Agreement 2013 did meet the legislative requirements for approval. The Commission found that the agreement provided a fair and efficient system for resolving disputes, did not subject employees to unreasonable discrimination, and allowed for sufficient flexibility to adapt to industry changes. The agreement was deemed to adequately balance the interests of both parties, ensuring fair terms and conditions of employment while promoting job security. The Commission approved the enterprise agreement, subject to the conditions and modifications outlined in its decision.

The final orders included the approval of the CCM Group Australia Enterprise Agreement 2013, with specific provisions ensuring compliance with the Fair Work Act 2009. The agreement was to be registered and enforced as a registered agreement, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established