DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2017/4625)

CROWN EQUIPMENT PTY LTD VICTORIA AND TASMANIA FIELD SERVICE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2017 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 31 march 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Crown Equipment Pty Ltd and its employees in Victoria and Tasmania, with the dispute centering on the approval of the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a safety net award under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum rates of pay, conditions, and entitlements that were no less favourable than those provided for in the relevant award, and if it included appropriate mechanisms for the resolution of workplace disputes.

The Commission undertook a detailed examination of the agreement, considering the provisions against the relevant award and the statutory requirements. It assessed whether the agreement provided adequate protections for employees, including minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also evaluated if the agreement complied with the requirements for safety net awards, ensuring that it did not undermine the existing protections provided by the relevant awards. Ultimately, the Commission found that the agreement was in compliance with the Fair Work Act and met the criteria for being a safety net award. It concluded that the agreement provided no less favourable terms and conditions than the relevant award and included appropriate dispute resolution mechanisms.

In light of these findings, the Fair Work Commission approved the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2017. The approval was based on the conclusion that the agreement was fair and balanced, providing appropriate protections for employees while also accommodating the needs of the employer. The Commission's decision ensured that the agreement would serve as a valid safety net award, offering a fair framework for employment conditions in the specified region.

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