CRC Industries (Aust) Pty Ltd Summary

[2025] FWCA 665

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CRC Industries (Aust) Pty Ltd

(AG2025/309)

CRC INDUSTRIES (AUST) PTY LTD AND THE AUSTRALIAN WORKERS’ UNION (NSW BRANCH) ENTERPRISE AGREEMENT 2025 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 FEBRUARY 2025

Application for approval of the CRC Industries (Aust) Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2025 - 2026

The decision issued by the Fair Work Commission on 20 February 2025 [[2025] FWCA 665] is corrected as follows:

The following title and paragraphs are inserted after paragraph [1]:

Variation Application

[2] The Employee Organisation (AWU) brought it to my attention that the signature page (page 33) of the Agreement contained wording that conflicted with the rules of The Australian Workers’ Union in respect of persons authorised to sign the Agreement. The Employer has applied to make variations to the Agreement so as to correct the wording on the signature page. The variations sought are set out in the AWU’s Form F18 dated 19 February 2025, and seek to vary the Agreement to remove (delete) the following:
a.the words ‘of the AWU union’; and
b.the words ‘The above person is authorised by the Employees and the Union to sign the Agreement on their behalf /’.

[3] The bargaining representatives have not expressed any opposition to the variations sought. I am satisfied that there are no grounds which tend against the exercise of my discretion to approve the variations to the Agreement.
[4] I make the variations pursuant to s.218A of the Act, which are to take effect on and from 27 February 2025 (i.e. the same time that the Agreement commences operation). A consolidated and clean version of the Agreement reflecting the variations I have approved are now published with this decision.

Paragraphs [2], [3], [4], and [5] are amended to become [5], [6], [7], and [8] respectively.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CRC Industries (Aust) Pty Ltd and The Australian Workers' Union (NSW Branch) sought approval for an enterprise agreement from the Fair Work Commission. The Agreement was subject to a correction application, which pertained to the signature page of the Agreement. Specifically, the Australian Workers' Union (AWU) had identified that the signature page contained wording that conflicted with the rules of the AWU regarding persons authorised to sign the Agreement. The Employer sought to correct the wording on the signature page to align with the AWU's rules. The variations sought involved deleting specific phrases from the signature page.

The legal issues before the Deputy President were whether the proposed variations to the Agreement were appropriate and whether there were any grounds against approving the variations. The Deputy President considered the application and the submissions of the bargaining representatives, who did not oppose the variations. The Deputy President found that there were no grounds against exercising the discretion to approve the variations.

The Deputy President approved the variations to the Agreement, allowing the changes to the signature page to take effect from 27 February 2025, the same time the Agreement commences operation. The Deputy President issued a corrected decision, which included the approved variations and a consolidated and clean version of the Agreement. The approval of the variations resolved the conflict between the wording on the signature page and the rules of the AWU.

CRC Industries (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established