DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC3 Pty Ltd
(AG2019/4783)

CR3 PTY LTD ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 JANUARY 2020

Application for approval of the CRC3 Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CRC3 Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRC3 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 8 January 2020 and, in accordance with s.54, will operate from 15 January 2020. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CRC3 Pty Ltd, a company operating within the Australian industrial sector, applied to the Fair Work Commission for approval of its Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, seeking to ensure that the agreement, which outlined terms and conditions of employment, met the necessary legal standards. The dispute arose as the applicant company sought to formalise the employment terms of its employees, ensuring compliance with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement provided adequate protection for the employees' rights and whether it adhered to the statutory requirements outlined in the Fair Work Act. The Commission needed to determine if the agreement complied with the "better-off-overall test" and whether it contained all the required minimum terms and conditions as specified by the Act. Additionally, the Commission examined whether the agreement had been fairly and genuinely negotiated between the employer and the employees, and whether it appropriately balanced the interests of both parties.

The Fair Work Commission assessed the agreement against the legislative criteria, focusing on the comprehensiveness of the terms and the fairness of the negotiation process. The Commission concluded that the Enterprise Agreement 2019 met all necessary statutory requirements, including the better-off-overall test, and was genuinely negotiated. The agreement was deemed to provide adequate protections for the employees while also balancing the interests of the employer. Consequently, the Commission approved the agreement, confirming its compliance with the Fair Work Act.

The Fair Work Commission issued its decision approving the CRC3 Pty Ltd Enterprise Agreement 2019, recognising its compliance with the statutory requirements and its fair negotiation. The agreement was authorised to take effect, providing a legally binding framework for the terms and conditions of employment for the employees of CRC3 Pty Ltd.

CRC3 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