CRC Industries (Aust) Pty Ltd

[2013] FWCA 6849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC Industries (Aust) Pty Ltd
(AG2013/8765)

CRC INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 SEPTEMBER 2013

Application for approval of the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CRC Industries (Aust) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2013. The nominal expiry date will be 31 December 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2013. The applicant, CRC Industries (Aust) Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the necessary standards for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it provided for the protection of employees' minimum rights and entitlements. The AMWU contended that the agreement did not adequately protect employees' minimum entitlements in terms of hours of work, annual leave, and other benefits. The Commission was required to determine whether the agreement provided for the minimum terms and conditions of employment as stipulated by the Act.

The Commission considered the provisions of the Fair Work Act and the specific clauses of the enterprise agreement. It assessed whether the agreement provided for adequate minimum entitlements and protections, and whether it complied with the requirements for registration. After careful examination, the Commission found that the agreement contained provisions that fell short of the minimum standards set by the Act. Consequently, the Commission determined that the agreement did not meet the necessary criteria for approval and dismissed the application for registration. The AMWU's opposition was upheld, and the agreement was not approved. The Commission's decision was grounded in its obligation to ensure that all employees' minimum rights and entitlements were protected under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established