DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2020/2942)

CROWN EQUIPMENT PTY LTD VICTORIA & TASMANIA FIELD SERVICE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 OCTOBER 2020

Application for approval of the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2020 (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] 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Crown Equipment Pty Ltd, the employer, and its employees who were members of the relevant unions. The dispute centred on the application for the approval of the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2020. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues that the Commission had to decide were whether the agreement provided for a direct, clear, and accessible expression of the terms and conditions of employment, and whether it complied with the Fair Work Act 2009. The Commission also needed to assess whether the agreement was made in good faith and whether it included all the required provisions as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement had been made following proper consultation and negotiation processes.

The Fair Work Commission carefully reviewed the terms of the agreement and concluded that it met all the necessary legal requirements for approval. The Commission found that the agreement provided for a clear, direct, and accessible expression of the terms and conditions of employment. The Commission also found that the agreement was made in good faith and that it included all the required provisions as stipulated by the Act. Furthermore, the Commission determined that the agreement had been made following proper consultation and negotiation processes. As a result, the Commission approved the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2020.

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