CRC3 Pty Ltd

[2013] FWCA 7571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CRC3 Pty Ltd
(AG2013/9402)

CRC3 PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 2 OCTOBER 2013

Application for approval of the CRC3 Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CRC3 Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CRC3 Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 is approved and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CRC3 Pty Ltd brought an application before the Fair Work Commission for approval of an enterprise agreement. The agreement in question was between the company and its employees, covering various terms and conditions of employment. The nature of the dispute involved whether the agreement met the necessary requirements under the Fair Work Act 2009, including provisions regarding the protection of employees' rights and interests. The Commission was tasked with determining whether the agreement complied with the statutory obligations and whether it was appropriately made.

The central legal issues before the Commission were whether the agreement was genuinely an enterprise agreement as defined by the Act and whether it had been negotiated in good faith. Additionally, the Commission had to consider if the agreement provided for a fair and reasonable outcome for the employees and if it adhered to the procedural requirements for approval. This included ensuring that the agreement was not contrary to public policy or contrary to any other provision of the Fair Work Act.

In evaluating the application, the Commission examined the negotiation process and the contents of the agreement. It considered evidence of the good faith negotiations, the fairness of the terms, and compliance with the legislative framework. The Commission found that the agreement was genuinely an enterprise agreement that was negotiated in good faith and met all statutory requirements. It was determined that the agreement was fair and reasonable, providing appropriate protections and benefits to the employees. Consequently, the Commission approved the CRC3 Pty Ltd Enterprise Agreement 2013.

The Commission's final orders included the approval of the enterprise agreement, ensuring that it would be binding upon the parties as from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the terms and conditions of employment for the employees of CRC3 Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established