| [2018] FWCA 323 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
CRC Industries (Aust) Pty Limited
(AG2017/4147)
CRC Industries (Aust) Pty Ltd Enterprise Agreement 2017
| Manufacturing and associated industries | |
| Commissioner Lee | MELBOURNE, 18 JANUARY 2018 |
Application for approval of the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRC Industries (Aust) Pty Limited. The Agreement is a single enterprise agreement.
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.
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 lodged contained an error at Clause 7.3. On 18 January 2018, the Applicant’s representative filed an amended version of page six of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Australian Workers’ Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 31 December 2017.
COMMISSIONER
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Annexure A
- AGLC
- CRC Industries (Aust) Pty Limited [2018] FWCA 323
- Case
- [2018] FWCA 323
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the agreement contained the necessary minimum terms and conditions as required by section 235 of the Fair Work Act. This includes the minimum rate of pay, maximum standard hours of work, and provisions for penalty rates, leave, and other entitlements. The Commission had to assess whether the agreement adhered to these minimum standards and whether it was made in good faith and without coercion.
The Fair Work Commission found that the agreement did contain the necessary minimum terms and conditions and was made in good faith. The Commission considered the evidence presented by both parties and determined that the agreement was fair and reasonable. It also found that the agreement did not disadvantage employees in comparison to the applicable awards and that it provided for a fair and efficient workplace. Based on these findings, the Commission approved the agreement.
The Fair Work Commission approved the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2017, confirming its compliance with the statutory requirements. The Commission's decision ensures that the agreement will provide a framework for fair and efficient workplace relations between the employer and the employees. This approval will govern the terms and conditions of employment for the parties involved, ensuring that both the employer and employees are protected under the agreed terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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