Crown Equipment Pty Ltd

[2024] FWCA 2246

[2024] FWCA 2246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2024/2054)

CROWN EQUIPMENT PTY LTD SYDNEY SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 18 JUNE 2024

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

1. An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Sydney 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.

1. The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

1. 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.

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

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2024. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

[1] [2023] FWCFB 161.

Printed by authority of the Commonwealth Government Printer

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