DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2017/2673)

CROWN EQUIPMENT PTY LTD NEW SOUTH WALES WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2017

Application for approval of the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2016 (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 Australian Workers Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 5 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Crown Equipment Pty Ltd applied for approval of the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2016. The Fair Work Commission was asked to assess the fairness of the agreement under the Fair Work Act 2009. The primary issue was whether the enterprise agreement met the "better off overall test" and whether it contained any illegal or unenforceable clauses.

The Commission found that the agreement was not unfair and met the better off overall test. The Commission noted that the agreement provided for a pay increase and included provisions for dispute resolution and redundancy. The Commission also found that the agreement did not contain any illegal or unenforceable clauses. The Commission approved the enterprise agreement, finding that it was fair and reasonable in all its terms and conditions.

The Fair Work Commission approved the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2016, finding that it met the better off overall test and did not contain any illegal or unenforceable clauses. The Commission found that the agreement provided for a pay increase and included provisions for dispute resolution and redundancy. The Commission approved the agreement, finding that it was fair and reasonable in all its terms and conditions.

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