Crown Equipment Pty Ltd Summary

[2022] FWCA 1001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2022/724)

Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 22 MARCH 2022

Application for approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crown Equipment Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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.

The Agreement contained typographical errors in the preamble at pages 1 and 2. The Employer sought to correct the errors and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Australian Workers’ Union, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2022. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Equipment Pty Ltd recently faced an application before the Fair Work Commission, concerning the approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2021. The application was brought forth by the employer, Crown Equipment Pty Ltd, seeking formal endorsement of the proposed enterprise agreement. The nature of the dispute centred on whether the agreement met the legal requirements and standards set forth by the Fair Work Act 2009.

The court was required to decide several key legal issues. Primarily, it had to ascertain whether the agreement had been made in good faith, as mandated by the Act. The court also needed to determine if the agreement had been negotiated genuinely and whether it complied with the procedural prerequisites outlined in the legislation. Furthermore, the court had to examine whether the agreement contained all necessary terms and conditions, including those that were prescribed by law.

The Fair Work Commission thoroughly evaluated the evidence and submissions provided by the parties. In its decision, the court found that the agreement had indeed been made in good faith and was the result of genuine negotiations. The agreement was also found to comply with all procedural requirements and contained all necessary terms as prescribed by the Fair Work Act 2009. Consequently, the court approved the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2021. This decision ensures that the agreement will be formally recognised and enforceable, providing a clear framework for the employment conditions of the relevant employees.

Crown Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established