DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCR Site Services Pty Ltd
(AG2019/1033)

CCR SITE SERVICES PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 AUGUST 2019

Application for approval of the CCR Site Services Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CCR Site Services Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CCR Site Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2019. The nominal expiry date of the Agreement is 12 August 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CCR Site Services Pty Ltd, a party to an enterprise agreement, applied for the Fair Work Commission’s approval of the CCR Site Services Pty Ltd Enterprise Agreement 2019. The applicant argued that the agreement met the statutory requirements and was fit for purpose. The Australian Council of Trade Unions, a registered organisation, intervened in the proceedings. The intervener contested the approval, claiming that the agreement failed to meet the statutory requirements and was not fit for purpose.

The legal issues before the court were whether the enterprise agreement satisfied the criteria for approval under the Fair Work Act 2009 and whether the agreement was fit for purpose. The court had to consider the nature of the agreement, the bargaining process, and whether the agreement met the requirements of the Act. Specifically, the court had to examine the agreement's coverage, the parties' intent, and the terms and conditions of employment.

The court found that the applicant had established that the agreement was an enterprise agreement within the meaning of the Act. The court also found that the agreement was made in good faith and that the bargaining process was fair. The court concluded that the agreement was fit for purpose and met the statutory requirements for approval. The intervener's objections were dismissed, and the court approved the agreement. The court noted that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable, and that the agreement was an appropriate vehicle for resolving workplace issues.

The final orders of the court were that the CCR Site Services Pty Ltd Enterprise Agreement 2019 be, and it was, approved under section 233 of the Fair Work Act 2009. The court also ordered that the applicant pay the intervener's costs of the application, to be paid within 28 days.

CCR Site Services 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