DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2018/3325)

CROWN EQUIPMENT PTY LTD MELBOURNE SERVICE WORKSHOPS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2018 (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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 26 November 2018 and, in accordance with s.54, will operate from 3 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Crown Equipment Pty Ltd, sought approval of the Melbourne Service Workshops Enterprise Agreement 2018 under the Fair Work Act 2009. The agreement was to govern the employment of employees at the Melbourne service workshops of the respondent, Crown Equipment Pty Ltd. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it contained all the mandatory terms, and whether it was made in good faith and without coercion. A secondary issue was whether the agreement was in the best interests of the employees.

The Fair Work Commission determined that the agreement was made in good faith, contained all mandatory terms, and was not made under coercion. The Commission found that the agreement was fair and reasonable, and in the best interests of the employees. The Commission noted that the agreement provided for fair rates of pay, reasonable working hours, and adequate leave entitlements. The Commission also found that the agreement provided for a fair process for resolving disputes between employees and the employer.

The Fair Work Commission approved the Melbourne Service Workshops Enterprise Agreement 2018, and it became a registered agreement under the Fair Work Act. The approval of the agreement ensures that the employees of Crown Equipment Pty Ltd at the Melbourne service workshops have a fair and reasonable agreement that governs their employment.

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