DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2015/4492)

CROWN EQUIPMENT PTY LTD MELBOURNE SERVICE WORKSHOPS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the Crown Equipment Pty Ltd Melbourne Service Workshops Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Melbourne Service Workshops 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] 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. 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.

[3] 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.

[4] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Equipment Pty Ltd applied to the Fair Work Commission for approval of the Melbourne Service Workshops Enterprise Agreement 2015. The respondent, the Australian Manufacturing Workers' Union, objected to the approval, arguing that the agreement did not meet the requirements under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement contained adequate provisions for the protection of employees' rights, particularly in relation to redundancy and termination.

The legal issues before the commission were whether the agreement provided for the protection of employees' rights as required by section 230 of the Act and whether the agreement included appropriate provisions concerning redundancy and termination. The commission examined the agreement's content, focusing on the provisions relating to redundancy and termination, to determine if they complied with the legislative requirements.

The commission found that the agreement did not adequately protect employees' rights in relation to redundancy and termination. It determined that the provisions were not consistent with the protections required by section 230 of the Act, leading to the rejection of the application for approval. The commission's decision was based on the interpretation that the agreement fell short in safeguarding employees' rights, particularly in the context of redundancy and termination provisions.

The commission refused the application for approval of the Melbourne Service Workshops Enterprise Agreement 2015, citing inadequate provisions for employee rights, particularly in relation to redundancy and termination. This decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for the protection of employees' rights.

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