DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC Industries (Aust) Pty Ltd
(AG2016/4939)

CRC INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2016 (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 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.

[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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved CRC Industries (Aust) Pty Ltd, which sought approval of the Enterprise Agreement 2016. The company aimed to have this agreement recognised under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The legal issues central to the case centred on whether the agreement met the requirements of the Fair Work Act, particularly in terms of its compliance with the 'better off overall test' and its adherence to the 'good faith' bargaining principles. The court had to determine if the agreement provided employees with a fair and reasonable outcome compared to their previous conditions and whether the negotiation process was conducted in good faith.

In assessing the agreement, the court closely examined the terms of the Enterprise Agreement 2016, including wages, hours of work, and other conditions of employment. The court reviewed submissions from both the employer and the employee representatives to understand the context and negotiation process. It considered the economic environment, the bargaining positions of the parties, and the overall fairness of the terms proposed. The court found that the agreement provided employees with better wages and conditions than their previous arrangements, thus satisfying the 'better off overall test'. Additionally, the court was satisfied that the negotiation process was conducted in good faith, as evidenced by the comprehensive discussions and compromises made by both parties.

Consequently, the court approved the Enterprise Agreement 2016, recognising it as a valid and enforceable agreement under the Fair Work Act. The decision highlighted the importance of ensuring that enterprise agreements not only improve the conditions of employees but also reflect genuine and fair bargaining. The court's approval meant that the terms of the agreement would apply to the employees of CRC Industries (Aust) Pty Ltd, setting the conditions for their employment moving forward.

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