DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCR Site Services Pty Ltd
(AG2015/373)

CCR GROUP PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 25 MARCH 2015

Application for approval of the CCR Group Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CCR Group 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 CCR Site Services Pty Ltd. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to 24 February 2015.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2015. The nominal expiry date of the Agreement is 31 March 2019.

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by CCR Site Services Pty Ltd for the approval of the CCR Group Pty Ltd Enterprise Agreement. The applicant, CCR Site Services, sought to have the enterprise agreement registered under the Fair Work Act 2009. The dispute arose because the Australian Council of Trade Unions (ACTU) opposed the application, arguing that the agreement did not meet certain statutory requirements for approval.

The central legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it contained the necessary minimum terms and conditions as mandated by the Act. Specifically, the Commission had to determine whether the agreement adequately covered essential matters such as wages, hours of work, and other employment conditions, and if it adhered to the procedural requirements for its registration.

In evaluating the application, the Commission considered the submissions from both parties and the contents of the enterprise agreement. It found that the agreement did indeed meet the statutory requirements and contained the necessary minimum terms and conditions. The Commission noted that the agreement had been negotiated in good faith and covered all the essential matters required by the Act. Furthermore, the procedural requirements for the agreement's approval were satisfied, including the provision of necessary information to relevant parties. Consequently, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission's decision resulted in the approval and registration of the CCR Group Pty Ltd Enterprise Agreement, allowing it to be enforced as a binding instrument between CCR Site Services and its employees. The Commission's ruling confirmed that the agreement complied with the legislative requirements and was negotiated in accordance with the principles of good faith.

CCR Site Services Pty Ltd

DECISION

APPENDIX A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established