Crown Equipment Pty Ltd

[2024] FWCA 4298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2024/4283)

CROWN EQUIPMENT PTY LTD HEAD OFFICE SUPPLY CHAIN & LOGISTICS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 4 DECEMBER 2024

Application for approval of the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2024

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 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Crown Equipment Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Crown Equipment Pty Ltd to have their proposed Enterprise Agreement approved. The agreement pertained to their Head Office Supply Chain & Logistics employees. The company sought to formalise terms and conditions of employment for the staff in question, aiming to streamline operations and provide clarity on employment rights and obligations.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees, provided it was fairly negotiated and complied with the procedural prerequisites for enterprise agreements. The application was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement did not sufficiently protect the employees' interests.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the proposed agreement was indeed "better off overall" for the employees. The Commission noted that the agreement included provisions that improved pay and conditions, while also allowing for flexibility in work arrangements. The Commission was satisfied that the agreement had been fairly negotiated and met all the statutory requirements. Therefore, the Commission approved the Enterprise Agreement, making it legally binding on the parties.

The Commission's final order was that the Crown Equipment Pty Ltd Head Office Supply Chain & Logistics Enterprise Agreement 2024 be approved and registered with the Fair Work Commission, effective from the date of the decision. This decision was made in accordance with the statutory provisions and ensures that the terms of the agreement are legally enforceable for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established