DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Crusher Repairs Pty Ltd
(AG2016/5717)

AUSTRALIAN CRUSHER REPAIRS PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Australian Crusher Repairs Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Crusher Repairs Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Crusher Repairs Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 23 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Crusher Repairs Pty Ltd sought approval of an Enterprise Agreement from the Fair Work Commission, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard by the Full Bench of the Commission, led by Commissioner McCabe, and involved two legal issues: whether the agreement met the procedural requirements for approval, and whether it complied with the Fair Work Act's substantive requirements.

The court examined whether the agreement was made genuinely and voluntarily, without coercion or pressure. It found that there was no evidence of improper conduct or undue influence in the agreement's formation. The court also assessed whether the agreement met the statutory requirements, including provisions on minimum entitlements, notice periods, and dispute resolution mechanisms. The court concluded that the agreement complied with the statutory provisions, as it provided for minimum entitlements and included dispute resolution processes.

The Full Bench approved the Australian Crusher Repairs Pty Ltd Enterprise Agreement 2016, finding that it was made genuinely and voluntarily and complied with the Fair Work Act's requirements. The court determined that the agreement met the necessary criteria for approval and was in the best interests of the employees covered by the agreement.

Australian Crusher Repairs 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