DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2017/4556)

CROWN EQUIPMENT PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2017

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

Application for approval of the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Newcastle 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] The Applicant 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] 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 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to consider the application by Crown Equipment Pty Ltd for the approval of the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2017. This was a dispute between the company and the unions representing its employees. The Commission had to determine if the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the procedural and substantive requirements for approval under the Act. Specifically, the Commission needed to consider if the agreement was made in good faith, if the appropriate bargaining representatives had been involved, and if the agreement met the provisions of the Act regarding minimum terms and conditions. Additionally, the Commission examined whether the agreement was consistent with the National Employment Standards and the applicable awards.

In reaching its decision, the Commission found that the agreement was made in good faith and involved the appropriate bargaining representatives. The agreement provided for terms and conditions that were no less favourable than the relevant awards and the National Employment Standards. The Commission was satisfied that the agreement met the requirements for approval under the Act. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2017, confirming its compliance with the Fair Work Act 2009. This decision ensures that the agreement will be legally binding and enforceable between the parties involved.

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