Crown Equipment Pty Ltd Summary

[2014] FWCA 5561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2014/1979)

CROWN EQUIPMENT PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2014 (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] On 31 July 2014 a confidential “Attachment C” was provided with the application which is part of the file.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 1 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Crown Equipment Pty Ltd, the applicant sought approval for the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2014. The application was made to the Fair Work Commission (FWC) by the employer, Crown Equipment Pty Ltd, and the employees were represented by the United Voice union. The nature of the dispute was primarily focused on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement satisfied the mandatory requirements for an enterprise agreement, including the provisions relating to minimum wages and conditions, the procedural fairness in the bargaining process, and the compliance with the good faith bargaining requirements. The union argued that the agreement failed to adequately protect employee entitlements and conditions, while the employer contended that the agreement was fair and balanced.

The FWC assessed the agreement against the statutory criteria and found that while there were some areas of concern regarding the treatment of certain employees, the overall agreement met the legal requirements for approval. The FWC considered the employer's efforts to achieve a fair agreement and the union's input, concluding that the agreement was in the best interests of the employees. Consequently, the FWC approved the Crown Equipment Pty Ltd Newcastle Enterprise Agreement 2014, subject to specific conditions to address the minor concerns raised.

Crown Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established