DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2018/2978)

CROWN EQUIPMENT PTY LTD SYDNEY SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 AUGUST 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Sydney 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. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Crown Equipment Pty Ltd, a company engaged in the distribution and servicing of industrial equipment, and its employees represented by the Transport and Distribution Workers Union. The dispute centred on the application for approval of the Crown Equipment Pty Ltd Sydney Service Department Enterprise Agreement 2018. The matter was heard by the Fair Work Commission. The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and complied with the process for approving enterprise agreements as stipulated by the Act.

The Commission considered the submissions made by both the applicant and the union, alongside the content of the proposed agreement. The applicant argued that the agreement reflected a fair and reasonable compromise, considering the economic realities and the bargaining power of both parties. The union contended that certain provisions in the agreement did not adequately protect employee rights and could lead to unfair working conditions. After evaluating the evidence and arguments, the Commission concluded that while the agreement was largely fair and reasonable, certain provisions needed amendment to better protect employee interests. The Commission directed the parties to negotiate and revise the agreement, ensuring that the necessary changes were made to address the identified concerns.

Upon the resubmission of the revised agreement, the Commission found that the amended agreement satisfied all legal requirements for approval. It provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and adhered to the statutory process for approving enterprise agreements. Consequently, the Commission approved the Crown Equipment Pty Ltd Sydney Service Department Enterprise Agreement 2018, thereby resolving the dispute. The final orders included the approval of the revised enterprise agreement, effective from the date of the decision, and mandated that the agreement be registered with the Fair Work Commission.

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