Crown Equipment Pty Ltd Summary

[2022] FWCA 4222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2022/4823)

Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 1 DECEMBER 2022

Application for approval of the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2022

Crown Equipment Pty Ltd has applied for approval of a single enterprise agreement known as the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 December 2022. The nominal expiry date of the Agreement is 31 October 2025.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crown Equipment Pty Ltd, sought approval for a proposed enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the proposed agreement met the criteria for registration as a New South Wales workshop enterprise agreement. The proposed agreement was the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2022. The agreement sought to cover employees who were employed by the applicant in New South Wales. The primary dispute centred on whether the agreement was an appropriate vehicle for facilitating the terms and conditions of employment in a fair and balanced manner. The legal issues before the commission involved determining whether the proposed agreement provided for the terms and conditions of employment in a fair and balanced way and whether it complied with the procedural requirements set out in the Fair Work Act 2009. The commission considered the evidence presented by both parties and examined the provisions of the proposed agreement. It found that the proposed agreement provided for the terms and conditions of employment in a fair and balanced way and complied with the procedural requirements of the Act. The commission was satisfied that the agreement was appropriate for registration and approved it as a New South Wales workshop enterprise agreement. The final orders of the commission were that the proposed agreement be approved and registered as the Crown Equipment Pty Ltd New South Wales Workshop Enterprise Agreement 2022.

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