Crown Equipment Pty Ltd

[2022] FWCA 3667

[2022] FWCA 3667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2022/4115)

Crown Equipment Pty Ltd Newcastle Service Department Enterprise Agreement 2022

Industries not otherwise assigned
DEPUTY PRESIDENT BELL	MELBOURNE, 20 OCTOBER 2022

Application for approval of the Crown Equipment Pty Ltd Newcastle Service Department Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Newcastle Service Department Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Crown Equipment Pty Ltd. The Agreement is a single enterprise agreement.

1. The Applicant sought that Exhibit 1, which was filed with the application for approval and contains the wages and allowances, be kept confidential and not published with the Agreement. Exhibit 1 is not a part of the Agreement itself. If it were, the text of it would need to be published in full without redaction or masking.[1] Exhibit 1 is a document incorporated by reference, and was a specific document provided to employees as part of the agreement-making process.

1. While Exhibit 1 is a document I am not required to publish, I may do so although I need not.[2] In the present case, I am satisfied the Employer has advanced reasons why I ought not publish Exhibit 1 and, accordingly, I will not include it with my published decision. I am not satisfied, however, that any broader order for confidentiality ought be made to positively impose a restriction of confidence: s.594(1) of the Act. Reasons for that include transparency[3] a reluctance to create barriers to enforcement,[4] whether of my decision or in the future by current or (by that future point) former employees. While the Employer’s undertakings ameliorate the concern regarding existing employees and identifying doubt as to the content of Exhibit 1, I do not consider, on balance, that a general order for confidentiality should issue.  

1. As noted, the Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings 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 does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Agreement was approved on 20 October 2022 and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Annexure A

[1]  The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501, [48] – [74].

[2] Ibid, [68].

[3] Cf. ibid, [72].

[4] Cf. ibid, [72].

Printed by authority of the Commonwealth Government Printer

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