DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2021/4945)

CROWN EQUIPMENT PTY LTD CANBERRA SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MAY 2021

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

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

[2] The Employer has provided written undertakings dated 6 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Crown Equipment Pty Ltd and the Australian Council of Trade Unions, with the Fair Work Commission being the court. The dispute centres on the application for approval of the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2021. The agreement, if approved, would replace the existing enterprise agreement and set out terms and conditions of employment for employees in the service department of Crown Equipment Pty Ltd in Canberra.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically section 231, which outlines the criteria for the approval of an enterprise agreement. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, reasonable working hours, leave provisions, and other relevant terms. Additionally, the Commission examined whether the agreement complied with procedural fairness and whether it had been genuinely negotiated between the parties.

In its reasoning, the Fair Work Commission found that the proposed enterprise agreement satisfied the criteria set out in the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, reasonable working hours, and appropriate leave provisions. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the process outlined. Moreover, the Commission concluded that the agreement complied with procedural fairness, as all relevant parties were given the opportunity to participate in the negotiation process and provide input.

The Fair Work Commission approved the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2021, effective from the date of the decision. The approved agreement will now serve as the basis for the terms and conditions of employment for employees in the service department of Crown Equipment Pty Ltd in Canberra.

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