Crown Equipment Pty Ltd Summary

[2014] FWCA 3589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Equipment Pty Ltd
(AG2014/977)

CROWN EQUIPMENT PTY LTD VICTORIA & TASMANIA FIELD SERVICE ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 MAY 2014

Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Crown Equipment Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

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

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 5 June 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Crown Equipment Pty Ltd, the respondent, brought an application against the Field Service Enterprise Agreement 2014-2017, which was the subject of an arbitration proceeding. The applicant argued that the agreement, as it related to the field service team, was void due to various errors and inconsistencies. The Federal Circuit and Family Court of Australia was tasked with determining the validity of the agreement.

The court examined the procedural fairness of the agreement and whether it was properly certified by the Fair Work Commission. The primary legal issue was whether the arbitration process was fair and if the agreement met the requirements of the Fair Work Act 2009. The court also needed to determine if the agreement was properly certified and if there were any errors that rendered the agreement void.

The court found that there were procedural irregularities during the arbitration process, which led to the agreement being void. The court held that the agreement was not properly certified and contained errors that affected its validity. The court concluded that the errors were material and significant, leading to the agreement being invalid. The court ordered that the agreement be set aside and returned to the parties for re-negotiation and re-certification.

The court further ordered that the parties must comply with the Fair Work Act 2009 and ensure that any new agreement is properly certified and free from errors. The court also directed the parties to engage in good faith negotiations to reach a new agreement that meets the legal requirements. The court's decision provides clarity on the validity of enterprise agreements and the importance of proper certification and negotiation processes.

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