DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC Industries (Aust) Pty Ltd
(AG2020/4052)

CRC INDUSTRIES (AUST) PTY LTD AND THE AUSTRALIAN WORKERS' UNION (NSW BRANCH) ENTERPRISE AGREEMENT 2021-2022

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 JANUARY 2021

Application for approval of the CRC Industries (Aust) Pty Ltd and The Australian Workers' Union (NSW Branch) Enterprise Agreement 2021-2022.

[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 2021-2022 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants in this case are CRC Industries (Aust) Pty Ltd and The Australian Workers' Union (NSW Branch), who sought approval for their Enterprise Agreement 2021-2022. The application was made to the Fair Work Commission, which is the body responsible for overseeing and approving such agreements under Australian labour law. The dispute centred on whether the proposed terms and conditions in the enterprise agreement were in compliance with the relevant statutory requirements and whether they met the standards set by the Fair Work Act 2009.

The legal issues that the Commission was required to decide involved whether the proposed agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the procedural requirements outlined in the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided for the fair and efficient operation of the business and whether it adhered to the public interest. The applicants argued that the agreement was fair, reasonable, and met all legal requirements, while no objections were raised by any party, including the employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and it complied with all the statutory requirements. The Commission noted that the agreement provided for equitable terms and conditions for employees, and it facilitated the efficient operation of the business. The Commission also found that the agreement was in the public interest and met all procedural requirements. As a result, the Commission approved the Enterprise Agreement 2021-2022. The applicants were successful in their application, and the agreement was approved as per the terms and conditions set out in the application.

CRC Industries (Aust) 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