CCR Group Pty Ltd Summary

[2023] FWCA 2844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CCR Group Pty Ltd

(AG2023/2664)

CCR GROUP PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 SEPTEMBER 2023

Application for approval of the CCR Group Pty Ltd Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the CCR Group Pty Ltd Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 25 July 2023.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 September 2023. The nominal expiry date of the Agreement is 12 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CCR Group Pty Ltd, sought approval of its enterprise agreement under the Fair Work Act 2009 (Cth). The application was brought before the Fair Work Commission, which was required to determine whether the agreement was appropriate for approval. The dispute involved the terms of the enterprise agreement, specifically concerning the provisions relating to the employee's entitlements to leave and the process for resolving disputes between the employer and employees. The legal issues that the Commission had to resolve included whether the agreement met the criteria for approval under section 233 of the Fair Work Act and whether the agreement provided for fair and reasonable terms and conditions of employment for the employees.

The Commission considered whether the agreement met the statutory requirements for approval, including whether it provided for the minimum entitlements set out in the National Employment Standards and whether it provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement met the requirements for approval and was appropriate for registration. The Commission considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions of employment for the employees, including provisions for leave entitlements and dispute resolution mechanisms.

The Commission approved the CCR Group Pty Ltd Enterprise Agreement, subject to certain modifications. The modifications included changes to the leave provisions to ensure they met the minimum entitlements set out in the National Employment Standards. The Commission also made changes to the dispute resolution provisions to ensure they provided for an efficient and fair process for resolving disputes between the employer and employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees and that it met the criteria for approval under the Fair Work Act. The final orders of the Commission included the approval of the CCR Group Pty Ltd Enterprise Agreement, subject to the modifications made by the Commission.

CCR Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established