DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC3 Pty Ltd
(AG2017/6379)

CRC3 PTY LTD ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 19 APRIL 2018

Application for approval of the CRC3 Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CRC3 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 CRC3 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of CRC3 Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement made between the employer and their employees. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The legal issues that the Commission had to resolve were primarily concerned with the fairness and enforceability of certain clauses within the agreement. Specifically, the Commission had to determine if the agreement provided adequate protections for employees and if it was consistent with the broader principles of industrial law.

The Commission examined the proposed agreement clause by clause, considering whether each provision was fair and reasonable in the context of the employees' working conditions. The analysis included assessing whether the agreement met the standards of procedural fairness and whether it provided adequate protections for employees' rights and entitlements. The Commission also considered the implications of the agreement on the broader industrial relations system and whether it aligned with the principles of the Fair Work Act.

After careful consideration, the Fair Work Commission found that the proposed agreement did not meet the statutory requirements for approval. The Commission identified several clauses that failed to provide adequate protections for employees, including provisions related to termination and redundancy. Additionally, the Commission noted that the agreement did not fully comply with the procedural fairness requirements. As a result, the Commission did not grant approval for the enterprise agreement.

The Fair Work Commission's decision highlighted the importance of ensuring that enterprise agreements provide comprehensive and fair protections for employees. By not approving the CRC3 Pty Ltd Enterprise Agreement 2016, the Commission reinforced the need for such agreements to align with the principles and protections set out in the Fair Work Act.

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