DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCM Solutions Pty Ltd
(AG2021/6668)

CCM ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 31 AUGUST 2021

Application for approval of the CCM Enterprise Agreement.

[1] CCM Solutions Pty Ltd (the Employer) has made an application for the approval of the CCM Enterprise Agreement (the Agreement). The application was made under 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 which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CCM Solutions Pty Ltd sought approval of an enterprise agreement. The applicant argued that the agreement was fair and reasonable, while the respondent contended it was not. The matter was heard by Deputy President D.J. Dowling.

The central issue before the court was whether the proposed agreement was fair and reasonable under the Fair Work Act 2009. The court had to assess if the agreement met the criteria for approval, including whether it provided for terms and conditions of employment that were fair and reasonable, and if it was intended to be an enterprise agreement. Further, the court considered whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act.

After evaluating the evidence and submissions from both parties, the court found that the agreement did indeed meet the necessary criteria for approval. The court was satisfied that the agreement provided for terms and conditions of employment that were fair and reasonable, and it was intended to be an enterprise agreement. Additionally, the court confirmed that the agreement had been made in compliance with the procedural requirements of the Fair Work Act.

The court approved the CCM Enterprise Agreement, effective from the date specified in the agreement. This decision allowed the parties to implement the agreed terms and conditions of employment as outlined in the approved agreement.

CCM Solutions 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