Crown Equipment Pty Ltd Summary

[2013] FWCA 9360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Crown Equipment Pty Ltd
(AG2013/10033)

CROWN EQUIPMENT PTY LTD OPERATIONS ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 DECEMBER 2013

Application for approval of the Crown Equipment Pty Ltd Operations Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Operations Enterprise Agreement 2013-2016. (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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has 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 that organisation.

[5] The Australian Workers Union, being a bargaining representative for the Agreement, has 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 that organisation.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 5 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crown Equipment Pty Ltd, sought approval of the Crown Equipment Pty Ltd Operations Enterprise Agreement 2013-2016 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009, which provides for the registration of new or modified enterprise agreements. The dispute involved the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Fair Work Commission was whether the agreement met the criteria for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the minimum terms and conditions, was free from prohibited content, and had been genuinely negotiated. Furthermore, the Commission needed to assess if the agreement had been made in good faith and whether the application was otherwise in accordance with the requirements of the Act.

The Fair Work Commission determined that the Crown Equipment Pty Ltd Operations Enterprise Agreement 2013-2016 complied with the legislative requirements for registration. The Commission found that the agreement provided for the minimum terms and conditions, did not contain any prohibited content, and had been genuinely negotiated. The Commission was satisfied that the agreement had been made in good faith and that the application met the requirements of the Fair Work Act. Consequently, the Fair Work Commission approved the agreement for registration.

The Fair Work Commission approved the Crown Equipment Pty Ltd Operations Enterprise Agreement 2013-2016 for registration. The agreement was registered on the date of the decision, and the terms and conditions it contained became legally binding on the parties. This outcome ensures that the employees covered by the agreement benefit from a legally recognised enterprise agreement, which provides for their employment terms and conditions.

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