CRC Industries (Aust) Pty Ltd

[2022] FWCA 4397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CRC Industries (Aust) Pty Ltd

(AG2022/5083)

CRC Industries (Aust) Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2023 – 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 14 DECEMBER 2022

Application for approval of the CRC Industries (Aust) Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2023 – 2024

CRC Industries (Aust) Pty Ltd has applied for approval of a single enterprise agreement known as the CRC Industries (Aust) Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2023 – 2024 (the Agreement).

The enterprise agreement filed by the Applicant with the Commission was not the Agreement voted upon by employees. The error has subsequently been remedied by the filing of the correct version of the Agreement. I waive the irregularity and amend the application to include the correct document under s.586 of the Fair Work Act 2009 (the Act).

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

The Agreement is approved and will operate from 21 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved CRC Industries (Aust) Pty Ltd and the Australian Workers’ Union (NSW Branch), which sought approval of their Enterprise Agreement for the period 2023-2024. The application was brought before the Fair Work Commission to ensure the agreement complied with the necessary legislative standards and provisions. The primary concern was whether the proposed agreement met all the requisite criteria set forth by the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed terms and conditions of employment in the Enterprise Agreement adhered to the provisions of the Fair Work Act, particularly regarding minimum entitlements, employee protections, and the procedural fairness of the agreement. The Commission had to ascertain if the agreement was made in good faith, if it provided for minimum wages and conditions, and if it contained provisions that were contrary to public policy or industrial law.

The Fair Work Commission evaluated the application, considering the arguments presented by both parties. The Commission found that the Enterprise Agreement contained provisions that were compliant with the statutory requirements and that the agreement was made in good faith. The proposed terms and conditions met the minimum entitlements, and no provisions were found to be contrary to public policy or industrial law. Consequently, the Commission approved the Enterprise Agreement for the specified period, recognising its compliance with the necessary legislative standards.

The final orders of the Commission included the approval of the CRC Industries (Aust) Pty Ltd and the Australian Workers’ Union (NSW Branch) Enterprise Agreement 2023-2024, subject to the terms and conditions as presented. The Commission’s decision was based on the thorough examination of the agreement's provisions and their alignment with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established