Crown Equipment Pty Ltd

[2022] FWCA 3403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crown Equipment Pty Ltd

(AG2022/3823)

Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 7 OCTOBER 2022

Application for approval of the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2022.

Crown Equipment Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Crown Equipment Pty Ltd Victoria & Tasmania Field Service Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 October 2022 and, in accordance with s.54, will operate from 14 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crown Equipment Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Victoria & Tasmania Field Service Enterprise Agreement 2022. The applicant, Crown Equipment, is an employer in the forklift and industrial equipment sector. The agreement was made between Crown Equipment and its employees, who are represented by the Transport Workers Union of Australia. The dispute centred on whether the agreement complied with the relevant industrial laws and whether it was made in good faith and without coercion.

The FWC needed to determine whether the agreement met the formal requirements for approval, such as the presence of genuine bargaining and whether the agreement was made without coercion. The FWC also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, including provisions on wages, hours of work, and other employment conditions. Furthermore, the FWC assessed whether the agreement complied with the Fair Work Act 2009 and whether it would promote harmonious, productive, and cooperative workplace relations.

After considering the submissions from both parties and reviewing the agreement, the FWC found that the agreement was made in good faith and without coercion. The FWC concluded that the agreement was consistent with the relevant industrial laws and provided for fair and reasonable terms and conditions for the employees. The FWC approved the agreement, and it came into effect from 1 July 2022. The approval ensures that the agreement will govern the employment conditions of the employees represented by the union in Victoria and Tasmania until a new agreement is made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established