Crown Equipment Pty Ltd

[2021] FWCA 7154

[2021] FWCA 7154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2021/8596)

CROWN EQUIPMENT PTY LTD SYDNEY SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Crown Equipment Pty Ltd Sydney Service Department Enterprise Agreement 2021

[1] Crown Equipment Pty Ltd has made an application for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Sydney Service Department Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[5] The Australian Manufacturing Workers' Union (AMWU) and the Australian Workers Union (AWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers the AMWU and the AWU.

[6] The Agreement was approved on 16 December 2021 and, in accordance with s 54, will operate from 23 December 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A