DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2015/1331)

CROWN EQUIPMENT PTY LTD CANBERRA SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 JULY 2015

Application for approval of the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Crown Equipment Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Crown Equipment Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 13 April 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Equipment Pty Ltd, represented by the company itself, applied to the Fair Work Commission for approval of the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2015. The company sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement complied with the legal requirements for approval, particularly whether it met the "better off overall test" and was free from prohibited content.

The primary legal issue the court had to address was whether the agreement met the criteria set out in the Fair Work Act. This involved determining if the agreement provided employees with conditions that were at least as good as the relevant award or modern award, and whether it contained any content that was prohibited under the Act. The court also had to consider if the agreement was made in good faith and if it complied with the procedural requirements for enterprise agreements.

The court found that the agreement did meet the better off overall test and did not contain any prohibited content. It was satisfied that the agreement provided employees with conditions that were at least as good as the relevant award or modern award. The court also determined that the agreement was made in good faith and complied with the procedural requirements for enterprise agreements. Consequently, the court approved the agreement under section 173 of the Fair Work Act.

The court ordered that the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2015 be approved and registered with the Fair Work Commission. This decision allows the agreement to be in effect and binding on the parties involved.

Crown Equipment Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established