DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2018/7404)

CROWN EQUIPMENT PTY LTD HEAD OFFICE SUPPLY CHAIN & LOGISTICS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2019

Application for approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2018

[1] Crown Equipment Pty Ltd has made an application for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 April 2019 and, in accordance with s 54, will operate from 24 April 2019. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Crown Equipment Pty Ltd, the Fair Work Commission was tasked with determining the application for the approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2018. The agreement sought approval under the Fair Work Act 2009, which mandates that certain enterprise agreements be assessed for their compliance with specific legal standards before being formally approved. The central issue before the Commission was whether the agreement met the requirements of the Act, particularly in terms of its fairness and the processes through which it was negotiated.

The legal issues the Commission had to address included verifying whether the agreement was made in good faith and whether it was free from any coercive or unfair elements. The Commission also needed to ensure that the agreement complied with the procedural requirements set out in the Act, including whether appropriate steps were taken to inform and consult with the employees. Additionally, the Commission examined whether the agreement provided fair terms and conditions for the employees involved.

The Commission's reasoning revealed that the application for approval was made by the employer, Crown Equipment Pty Ltd. The Commission conducted a thorough review of the agreement and considered the evidence presented by both parties. It found that the agreement was negotiated in good faith, and the process followed was fair and appropriate. The Commission concluded that the agreement was free from any elements that could be deemed coercive or unfair. Furthermore, it was determined that all procedural requirements had been met, and the employees had been adequately informed and consulted during the negotiation process. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the requirements of the Act.

As a result of the Commission's decision, the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2018 was approved and registered under the Fair Work Act 2009. This approval signifies that the agreement is legally binding and will govern the employment conditions of the employees within the specified enterprise.

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