Redfern Flinn Cranes and Hoisting Equipment Pty Ltd

[2024] FWCA 2183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd

(AG2024/1854)

REDFERN FLINN CRANES AND HOISTING EQUIPMENT PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 13 JUNE 2024

Application for approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2024

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd has applied for approval of a single enterprise agreement known as the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 June 2024. The nominal expiry date of the Agreement is 13 June 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2024 was heard in the Fair Work Commission. The applicant, Redfern Flinn Cranes and Hoisting Equipment Pty Ltd, sought to have the proposed enterprise agreement approved, which would govern the employment terms and conditions of its employees. The matter was contested by the respondent, who raised objections to certain provisions of the agreement.

The legal issues before the court involved determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval as a new enterprise agreement. Key concerns raised included whether the agreement provided for fair and reasonable terms, and whether it had been fairly and genuinely negotiated between the parties.

In reaching its decision, the court considered the provisions of the Fair Work Act, the process of negotiation, and the fairness of the terms proposed in the agreement. The court found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The court also noted that the agreement provided for the protection of employees' rights and interests, including provisions for dispute resolution and the protection of employees' working conditions. The court concluded that the agreement met all the criteria for approval and ordered its approval.

The Fair Work Commission approved the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2024, effective from the date of the decision. The court's approval of the agreement ensures that the employment terms and conditions of the employees will be governed by the provisions of the agreement, providing certainty and stability in their employment arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established