CCR Group Pty Ltd

[2013] FWCA 2094

FAIR WORK COMMISSION

DECISION

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

CCR Group Pty Ltd
(AG2013/749)

CCR GROUP PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 APRIL 2013

Application for approval of the CCR Group Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CCR Group Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

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

[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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CCR Group Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement. The applicant, CCR Group Pty Ltd, sought approval of the agreement to be applied to its employees who are members of the Australian Manufacturing Workers' Union (AMWU). The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was a "registered agreement" under the Fair Work Act. This required consideration of whether the agreement had been made in accordance with the prescribed process and met the criteria for a registered agreement, including provisions on minimum terms and conditions, and the process for its approval. The Commission also needed to consider whether the agreement was likely to have a detrimental effect on the financial viability of the applicant company.

The Commission held that the agreement was appropriately made in accordance with the prescribed process and contained all necessary provisions for a registered agreement. The Commission was satisfied that the agreement provided for minimum terms and conditions and had been made without undue influence or coercion. The Commission also found that the agreement was not likely to have a detrimental effect on the financial viability of the applicant company. Therefore, the Commission approved the agreement as a registered agreement.

In conclusion, the Fair Work Commission approved the CCR Group Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement as a registered agreement, finding that it met the legal requirements for approval under the Fair Work Act. The Commission's decision provides certainty to the parties and ensures that the agreement will operate effectively as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established