Crown Equipment Pty Ltd

Case

[2024] FWCA 4403

13 DECEMBER 2024


[2024] FWCA 4403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2024/3983)

CROWN EQUIPMENT PTY LTD MELBOURNE SERVICE WORKSHOPS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER FOX

MELBOURNE, 13 DECEMBER 2024

Application for approval of the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2024.

  1. An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

  1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. I note that clause 6.1 of the Agreement wholly incorporates the Manufacturing and Associated Industries and Occupations Award 2020. As such, the workplace delegates’ rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

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

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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