Crown Equipment Pty Ltd

[2022] FWCA 4216

[2022] FWCA 4216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2022/4705)

Crown Equipment Pty Ltd South Australia Service Department Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 1 DECEMBER 2022

Application for approval of the Crown Equipment Pty Ltd South Australia Service Department Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd South Australia Service Department Enterprise Agreement 2022 (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. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The wage rates and allowances that apply to this Agreement are in a separate document referred to as Exhibit 1 and will not be published. Clause 8.1 states that ‘ordinary rates for all classifications covered by this Agreement will be consistent with the rates detailed in the wage tables found in Exhibit 1.’ During the access period, all employees and bargaining representatives received a copy of Exhibit 1 and it was filed with the Commission together with the Agreement and other materials to conduct its assessment. Having taken into account the steps taken to explain the terms of the Agreement, I am satisfied that the employer has taken all reasonable steps to explain the terms and that the parties accepted that Exhibit 1 would be a separate document from the Agreement. I am also satisfied that that the BOOT has been met. Further, Exhibit 1 is incorporated as an enforceable term of the Agreement and is available to employees and the union covered by the Agreement upon request.

1. The Australian Manufacturing Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 7 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

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<AE518380  PR748481>