DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2015/7078)

CROWN EQUIPMENT PTY LTD HEAD OFFICE SUPPLY CHAIN & LOGISTICS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 10 FEBRUARY 2016

Application for approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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 was approved on 10 February 2016 and in accordance with s.54, will operate from 17 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Crown Equipment Pty Ltd for the approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2015. The dispute involved the classification of employees within the enterprise agreement and the associated remuneration. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement appropriately classified employees, whether it provided for fair remuneration and conditions, and whether it complied with the procedural requirements for enterprise agreements. The Commission also needed to consider whether the agreement facilitated a productive workplace relationship between the employer and employees.

In assessing the agreement, the Commission found that it appropriately classified employees and provided for fair remuneration and conditions. The classification of employees was deemed to be reasonable and in line with industry standards. The Commission also found that the agreement included provisions for procedural fairness and met the procedural requirements for enterprise agreements. The Fair Work Commission concluded that the agreement facilitated a productive workplace relationship and approved the enterprise agreement.

The Commission's approval of the enterprise agreement means that it will now be legally binding on Crown Equipment Pty Ltd and its employees. The agreement will govern the terms and conditions of employment for the affected employees until it is replaced or terminated in accordance with the Fair Work Act 2009.

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