DECISION

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

Crown Equipment Pty Ltd
(AG2020/4143)

CROWN EQUIPMENT PTY LTD QUEENSLAND SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 FEBRUARY 2021

Application for approval of the Crown Equipment Pty Ltd Queensland Service Department Enterprise Agreement 2020.

[1] Crown Equipment Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Queensland Service Department Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account ss.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers the AMWU.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 18 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, Crown Equipment Pty Ltd, sought approval of the Crown Equipment Pty Ltd Queensland Service Department Enterprise Agreement 2020. The application was brought before the Fair Work Commission, the body responsible for regulating and approving such agreements. The dispute centred around the terms and conditions set forth in the proposed agreement, specifically whether it complied with the relevant federal legislation governing enterprise agreements.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. In particular, the court had to determine if the agreement met the criteria for "genuine agreement" and if it contained all the necessary "protected action provisions." Additionally, the court examined whether the agreement unfairly disadvantaged any employee or group of employees, and if it adhered to the "better off overall test" which ensures that employees are not worse off under the new agreement compared to their previous conditions.

The Fair Work Commission found that the agreement did meet all the legislative requirements. It was determined that the agreement had been genuinely negotiated between the employer and the employees, and that it contained all necessary protected action provisions. The Commission also found that no employee or group of employees was unfairly disadvantaged, and that the agreement satisfied the better off overall test. As such, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Crown Equipment Pty Ltd Queensland Service Department Enterprise Agreement 2020, finding it to be in compliance with all relevant federal legislation. This decision allows the agreement to be implemented, setting the terms and conditions of employment for the employees covered by the agreement.

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