Crown Equipment Pty Ltd

[2024] FWCA 2266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2024/2014)

CROWN EQUIPMENT PTY LTD CANBERRA SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 19 JUNE 2024

Application for approval of the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crown Equipment Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The wage rates and allowances that apply to the Agreement are in a separate document referred to as Exhibit 1. The document was provided to employees during the access period as part of the explanatory materials for the proposed agreement and is incorporated as an enforceable term of the Agreement. I am satisfied that the Agreement passes the better off overall test and having regard to the Full Bench decision in VIP Plastic Packaging Pty Ltd[1], Exhibit 1 will be published with the Agreement by consent of the Applicant.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2024. The nominal expiry date of the Agreement is 31 May 2027.

DEPUTY PRESIDENT

Annexure A

[1] [2023] FWCFB 161.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Equipment Pty Ltd applied to the Fair Work Commission for approval of the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2024. The dispute arose from disagreements over the terms and conditions of employment for employees in the Canberra service department. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to decide was whether the agreement complied with the provisions of the Fair Work Act, particularly concerning procedural fairness and the provision of relevant information to the employees. The Commission also needed to assess whether the agreement provided for the fair treatment of employees, including adequate provisions for minimum entitlements and the proper balance of rights and obligations.

The Fair Work Commission found that the agreement satisfied the necessary criteria for approval. It determined that the consultation process followed was fair and appropriate, and that all relevant information had been provided to the employees. The Commission concluded that the agreement provided for fair terms and conditions of employment and met the statutory requirements. Consequently, the Commission approved the agreement, confirming its compliance with the Fair Work Act.

The Fair Work Commission's decision was final, and the Crown Equipment Pty Ltd Canberra Service Department Enterprise Agreement 2024 was approved, effective from the date of the Commission's determination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established