DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2019/5121)

CROWN EQUIPMENT PTY LTD NEW SOUTH WALES WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2020

Application for approval of the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crown Equipment Pty Ltd. The Agreement 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union and the Australian Workers Union 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2020. The nominal expiry date of the Agreement is 5 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crown Equipment Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2019. The applicant, Crown Equipment, is an employer engaged in the manufacture and distribution of forklifts, pallet trucks, and related equipment. The respondent, Australian Manufacturing Workers' Union, is the relevant trade union representing employees in the enterprise. The dispute centred around the terms and conditions of employment for employees within the workshop, including wages, hours of work, and various other workplace provisions.

The primary legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to the coverage of the agreement, the manner in which it was negotiated, and whether it contained the necessary "protected action provisions". The Commission had to determine if the agreement was fairly and genuinely negotiated, and if it met the statutory minimum standards set out in the Fair Work Act. Additionally, the Commission considered whether the agreement provided for a fair and equitable resolution of workplace issues.

In its decision, the Fair Work Commission found that the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2019 was fairly and genuinely negotiated and met the statutory minimum standards. The Commission was satisfied that the agreement provided for the fair and equitable resolution of workplace issues and contained all the necessary protected action provisions. Consequently, the Commission approved the agreement, determining it to be in compliance with the Fair Work Act. The approval of the agreement allows it to be registered with the Fair Work Commission, providing legal effect to the terms and conditions outlined within it.

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