Redfern Flinn Cranes and Hoisting Equipment Pty Ltd T/A Redfern Flinn Lifting Equipment

[2019] FWCA 551

[2019] FWCA 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd T/A Redfern Flinn Lifting Equipment
(AG2018/7305)

REDFERN FLINN CRANES AND HOISTING EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2019

Application for approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Enterprise Agreement 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redfern Flinn Cranes and Hoisting Equipment Pty Ltd T/A Redfern Flinn Lifting Equipment. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 25(a) - Leave.

However, noting clause 7.9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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