DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CCR Site Services Pty Ltd
(AG2020/2888)

CCR SITE SERVICES PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 OCTOBER 2020

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

[1] An application has been made for approval of a variation to the CCR Site Services Pty Ltd Enterprise Agreement (the Agreement). The application was made by CCR Site Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
12 August 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 15 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CCR Site Services Pty Ltd to vary the CCR Site Services Pty Ltd Enterprise Agreement. The applicant sought changes to the agreement to address various operational needs, including alterations to rostering, shift patterns, and the introduction of new roles within the workforce. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable, and whether they complied with the relevant legislative framework.

The central legal issues revolved around the fairness and reasonableness of the proposed changes, as well as their compliance with the Fair Work Act 2009. The applicant argued that the changes were necessary to address operational efficiencies and to ensure the business could remain competitive. The respondents, representing the employees, contended that the proposed changes would negatively impact employee conditions and were not adequately justified.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the broader context of the enterprise agreement. The Commission noted the need for flexibility in enterprise agreements to adapt to changing business conditions while also protecting employee rights. After careful consideration, the Commission determined that the proposed changes were fair and reasonable. The changes addressed legitimate business needs, and the applicants had provided sufficient evidence to support their claims. Consequently, the Commission approved the variations to the enterprise agreement.

The Fair Work Commission ordered that the CCR Site Services Pty Ltd Enterprise Agreement be varied as per the terms outlined in the application. The new conditions, including changes to rostering, shift patterns, and the introduction of new roles, were to be effective from the date of the decision. The Commission also noted that any disputes arising from the implementation of these changes would be subject to the dispute resolution processes outlined in the agreement.

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