DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC Industries (Aust) Pty Limited
(AG2018/6979)

CRC INDUSTRIES (AUST) PTY LTD AND THE AUSTRALIAN WORKERS’ UNION (NSW BRANCH) ENTERPRISE AGREEMENT 2019-2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2019

Application for approval of the CRC Industries (Aust) Pty Ltd and the Australian Workers’ Union (NSW Branch) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the CRC Industries (Aust) Pty Ltd and the Australian Workers’ Union (NSW Branch) Enterprise Agreement 2019-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CRC Industries (Aust) Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CRC Industries (Aust) Pty Limited and the Australian Workers’ Union (NSW Branch) applied for the approval of their Enterprise Agreement 2019-2020 under section 233 of the Fair Work Act 2009. The application was brought before the Fair Work Commission. The primary dispute centred on whether the agreement met the legal requirements for approval, particularly concerning provisions related to employee entitlements and conditions.

The court needed to decide if the agreement complied with the statutory requirements set out in the Fair Work Act. This included verifying whether the agreement provided for a fair and reasonable set of terms for the employees and if it adhered to the legislative framework governing enterprise agreements. The court also needed to assess if the agreement had been made in good faith and without any coercion.

The Fair Work Commission found that the agreement was generally in compliance with the statutory requirements. The Commission noted that the agreement included provisions for fair and reasonable terms, and it was made without coercion. However, the Commission made minor adjustments to certain clauses to ensure they met the necessary standards. Ultimately, the Commission approved the agreement, subject to the modifications made, confirming that it was fair and reasonable for the employees covered by the agreement.

The final orders of the Commission were that the Enterprise Agreement 2019-2020 be approved with the specified modifications, ensuring compliance with the Fair Work Act. The Commission also mandated that the parties notify all affected employees of the approved terms within a specified timeframe.

CRC Industries (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established