CRC Industries (Aust) Pty Ltd

[2018] FWCA 7154

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CRC Industries (Aust) Pty Ltd

(AG2018/4672)

CRC Industries (Aust) Pty Ltd and the Australian Workers' Union (NSW Branch) Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 22 NOVEMBER 2018

Application for approval of the CRC Industries (Aust) Pty Ltd and the Australian Workers' Union (NSW Branch) Enterprise Agreement 2018.

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 2018 (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.

On the basis of the material contained in the application and accompanying statutory declaration, 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 22 November 2018 and, in accordance with s.54, will operate from 29 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CRC Industries (Aust) Pty Ltd, sought approval of an enterprise agreement with the Australian Workers' Union (NSW Branch). The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act, particularly regarding the process by which it was negotiated and whether it appropriately covered all relevant employees.

The court was required to determine if the application satisfied the criteria set out in the Act for approval of an enterprise agreement. This included verifying that the agreement was negotiated in good faith, that it covered all employees in the relevant bargaining unit, and that it contained the necessary provisions regarding pay and conditions. The court also had to consider whether the process of negotiation and the final terms of the agreement were fair and reasonable.

In examining the application, the court considered evidence and submissions from both parties. The court found that the agreement had been negotiated in good faith and that it appropriately covered all employees in the bargaining unit. The court also concluded that the terms of the agreement were fair and reasonable, and met the requirements of the Act. Therefore, the court approved the enterprise agreement.

The final orders of the court were that the application for approval of the enterprise agreement was successful. The agreement was approved and registered under the Fair Work Act 2009. The agreement will now govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established