Crown Equipment Pty Ltd

[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

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.

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.

The wage rates and allowances that apply to this Agreement are in a separate document referred to as Exhibit 1 and will not be published.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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved Crown Equipment Pty Ltd, represented by their South Australia Service Department, and the Fair Work Commission. The dispute centred on the approval of the Enterprise Agreement 2022, which the company sought to have ratified by the Commission. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues the court needed to address included whether the agreement was genuinely negotiated, whether it complied with the procedural requirements, and if it contained provisions that met the Fair Work Act's standards, such as minimum rates of pay, leave entitlements, and other employment conditions.

The Fair Work Commission meticulously examined the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated between the employer and the employees' representatives. The Commission also determined that the agreement adhered to the procedural requirements and included provisions that aligned with the standards set by the Fair Work Act. These provisions covered minimum wages, leave entitlements, and other terms and conditions of employment, ensuring that they were fair and reasonable. As a result, the Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the legislative framework.

The Fair Work Commission's decision was grounded in the evidence presented and the legal standards applicable under the Fair Work Act. The Commission's approval of the Enterprise Agreement 2022 was based on a comprehensive review of the negotiation process, the contents of the agreement, and its compliance with the Act. The final orders confirmed the approval of the agreement, which would now be binding on the employer and the employees, ensuring that it would govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established