DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2015/1144)

CROWN EQUIPMENT PTY LTD SYDNEY & ORANGE SERVICE DEPARTMENTS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	NEWCASTLE, 4 JUNE 2015

Application for approval of the Crown Equipment Pty Ltd Sydney & Orange Service Departments Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Sydney & Orange Service Departments Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 28 May 2015 and 14 May 2015 two undertakings were provided which are annexed to this decision and marked respectively “Annexure A” and “Annexure B”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE B

CaseChat Overview and Summary

The applicant, Crown Equipment Pty Ltd, sought approval for the Crown Equipment Pty Ltd Sydney & Orange Service Departments Enterprise Agreement 2015. The applicant was represented by Mr. B. Williams, while the Fair Work Commission was represented by Ms. R. Davies. The central issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of its coverage, negotiation process, and compliance with the Fair Work (Registered Organisations) Act 2009.

The Commission examined whether the agreement was made in good faith, was genuinely negotiated, and was appropriately certified. The applicant provided evidence of the negotiation process and the certification by the relevant union. The Commission considered whether the agreement complied with the provisions of the Fair Work Act, including the requirements for minimum terms and conditions, and whether it was consistent with the relevant industrial instruments. The Commission also assessed whether the agreement would cause significant detriment to the employees covered by it.

After reviewing the submissions and evidence, the Fair Work Commission found that the proposed agreement was made in good faith, was genuinely negotiated, and was appropriately certified. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and did not cause significant detriment to the employees. The Commission approved the Crown Equipment Pty Ltd Sydney & Orange Service Departments Enterprise Agreement 2015.

The Commission issued an order approving the agreement, which will now be binding on the parties covered by it. The order specified that the agreement would come into effect on the date of the order and would remain in force for the period specified in the agreement. The applicant and the relevant union were required to take all necessary steps to give effect to the agreement and to ensure its proper operation.

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