Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Summary

[2014] FWCA 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd
(AG2014/362)

REDFERN FLINN CRANES AND HOISTING EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 MARCH 2014

Application for approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Redfern Flinn Cranes and Hoisting Equipment Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertaking have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 28 March 2014. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, Redfern Flinn Cranes and Hoisting Equipment Pty Ltd, sought approval of their Enterprise Agreement 2012 under the Fair Work Act 2009. The applicant’s employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on various grounds. The case was heard by the Fair Work Commission (FWC) in Australia.

The legal issues before the FWC were whether the agreement met the requirements of section 230 of the Fair Work Act and whether the application for approval should be approved. The applicant had to demonstrate that the agreement was a "direct" agreement and that it contained all the mandatory terms required by the Act. The union argued that the agreement did not meet these criteria and that the FWC should not approve it.

In considering the application, the FWC examined the evidence and submissions from both parties. The Commission found that the agreement was a direct agreement and contained all the mandatory terms required by the Act. The FWC also considered the evidence on the fairness and merits of the agreement, including the bargaining process and the interests of the parties. Ultimately, the FWC concluded that the agreement was fair and reasonable and should be approved.

The FWC approved the application for the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Enterprise Agreement 2012. The applicant was required to make certain amendments to the agreement before it came into effect. These amendments related to the calculation of overtime rates and the provision of notice of termination of employment. The union’s objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act.

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established