DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2021/6697)

CROWN EQUIPMENT PTY LTD MELBOURNE SERVICE WORKSHOPS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O’NEILL	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2021.

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

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crown Equipment Pty Ltd applied for approval of the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2021. The application was brought before the Fair Work Commission. The Fair Work Commission was required to determine if the enterprise agreement met the requirements of the Fair Work Act 2009, including the provision of procedural fairness, the absence of any prohibited content, and the meeting of the better-off-overall test.

The Fair Work Commission found that the enterprise agreement met the procedural fairness requirements. It was formed following a genuine bargaining process and was not made under duress. The commission found that the agreement did not contain any content that was prohibited under the Fair Work Act 2009. The better-off-overall test was also satisfied as the employees under the agreement would receive better wages and conditions than if they were under the applicable award. The Fair Work Commission approved the enterprise agreement.

The Fair Work Commission approved the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2021. The commission found that the agreement was formed following a genuine bargaining process and met the requirements of the Fair Work Act 2009.

Crown Equipment 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