DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2014/8151)

CROWN EQUIPMENT PTY LTD QUEENSLAND SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Crown Equipment Pty Ltd Queensland Service Department Enterprise Agreement 2014.

[1] This is an application for approval of a single-enterprise agreement, the Crown Equipment Pty Ltd Queensland Service Department Enterprise Agreement 2014 (the Agreement), made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Crown Equipment Pty Ltd. 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.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Equipment Pty Ltd applied for approval of the Queensland Service Department Enterprise Agreement 2014. The applicant was a company operating in the distribution and servicing of forklifts and related equipment. The respondents were various unions representing employees of the applicant company. The application was made to the Fair Work Commission under the Fair Work Act 2009. The unions opposed the application on the basis that the agreement did not comply with various statutory requirements, including the "better off overall test" under section 179 of the Act.

The court had to determine whether the agreement met the statutory requirements for approval, including the better off overall test. This required the court to examine the terms of the agreement and determine whether employees covered by the agreement were better off overall, taking into account both the financial and non-financial benefits and detriments, compared to the applicable award or safety net. The court also had to consider whether the agreement complied with other relevant statutory requirements, such as the "no disadvantage test" under section 232 of the Act.

The court found that the agreement met the better off overall test and complied with other relevant statutory requirements. The court rejected the unions' arguments that the agreement did not meet the statutory requirements, finding that the evidence showed that employees were better off overall under the agreement. The court also found that the agreement complied with other relevant statutory requirements, including the no disadvantage test. The court approved the agreement and made an order accordingly.

The court made an order approving the Queensland Service Department Enterprise Agreement 2014, subject to certain conditions and modifications. The order came into effect on the date of the order. The applicant was required to provide a copy of the approved agreement to the unions and to the Fair Work Ombudsman. The unions were required to inform their members of the approved agreement and to take such steps as were necessary to give effect to the agreement.

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