Crushing Services International Pty Ltd

[2013] FWCA 591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd
(AG2012/13842)

CRUSHING SERVICES INTERNATIONAL WORKSHOP EMPLOYEE COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the Crushing Services International Workshop Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Crushing Services International Workshop Employee Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crushing Services International Pty Ltd, an applicant, sought approval of the Crushing Services International Workshop Employee Collective Agreement 2012, before the Fair Work Commission. The applicant argued that the agreement was in the best interests of the employees and was fair and reasonable. The application was contested by a number of respondents, who raised concerns regarding certain provisions of the agreement, including the classification of certain employees, and the dispute resolution provisions.

The Commission was required to consider whether the agreement met the criteria set out in the Fair Work Act 2009 for approval. Specifically, the Commission was required to determine whether the agreement was in the best interests of the employees and whether it was fair and reasonable. The Commission also considered whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that the agreement provide for a minimum rate of pay and minimum conditions.

In considering these issues, the Commission noted that the agreement provided for a number of benefits for employees, including provisions for paid leave, and provisions for the classification of employees. The Commission also noted that the agreement provided for a number of dispute resolution mechanisms, including a provision for mediation and conciliation. However, the Commission was concerned about certain provisions of the agreement, including the classification of certain employees, and the dispute resolution provisions. After considering the evidence and arguments presented by the parties, the Commission determined that the agreement was in the best interests of the employees and was fair and reasonable. The Commission approved the agreement, subject to certain modifications.

The Commission made orders approving the agreement, subject to certain modifications, including modifications to the classification of certain employees, and the dispute resolution provisions. The Commission also made orders providing for the agreement to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established