DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2018/2944)

CROWN EQUIPMENT PTY LTD CANBERRA SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 11 OCTOBER 2018

Application for approval of the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Canberra Service Department 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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crown Equipment Pty Ltd, through its Canberra Service Department, applied for approval of the Enterprise Agreement 2018. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions (ACTU), on behalf of certain employees, who argued that the agreement did not meet the legal requirements for approval.

The court had to determine whether the agreement contained the necessary provisions, including those relating to minimum rates of pay, leave entitlements, and dispute resolution mechanisms, as stipulated by the Fair Work Act. Additionally, the court examined whether the agreement was made in good faith and if the required procedural steps were followed in its creation.

After reviewing the evidence and submissions from both parties, the court found that the agreement met all the legal requirements for approval. The agreement contained the necessary provisions and was made in good faith, with appropriate procedural steps observed. Consequently, the court approved the agreement and ordered its registration.

The final order of the court was that the Enterprise Agreement 2018 be approved and registered under the Fair Work Act. The agreement was to be effective from the date of the court's decision, ensuring that the terms and conditions of employment for the employees covered by the agreement were legally recognised and enforceable.

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