Crane Enfield Metals Pty Limited Summary

[2014] FWCA 7136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crane Enfield Metals Pty Limited
(AG2014/8897)

CRANE ENFIELD METALS PTY LIMITED PENRITH PLANT CEPU CERTIFIED AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 OCTOBER 2014

Application for approval of the Crane Enfield Metals Pty Limited Penrith Plant CEPU Certified Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Crane Enfield Metals Pty Limited Penrith Plant CEPU Certified Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Crane Enfield Metals Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 27 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Crane Enfield Metals Pty Limited, the Federal Court of Australia was called upon to consider the application for approval of a certified agreement. This agreement, known as the Crane Enfield Metals Pty Limited Penrith Plant CEPU Certified Agreement 2014-2017, was submitted by the employer and the relevant union. The central issue before the court was whether the certified agreement complied with the necessary legal and procedural requirements for approval under the Fair Work Act 2009.

The legal issues encompassed whether the agreement satisfied the statutory criteria for a certified agreement, including provisions for minimum wages, employee entitlements, and dispute resolution mechanisms. Furthermore, the court had to ensure that the agreement was reached through proper bargaining processes and that it did not contain any terms that were unfair or contrary to public policy. The fairness and appropriateness of the agreement's provisions, in terms of both the employer and the employees' interests, were also under scrutiny.

After reviewing the certified agreement and the submissions made by both parties, the court found that the agreement met all the necessary requirements for approval. The agreement was deemed to be the product of genuine and fair bargaining, with appropriate provisions for employee protections and dispute resolution. The court concluded that the agreement was fair and did not contravene any public policy considerations. Consequently, the court approved the Crane Enfield Metals Pty Limited Penrith Plant CEPU Certified Agreement 2014-2017, endorsing it as a legally binding document between the employer and the union.

Crane Enfield Metals Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established