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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Redfern Flinn Cranes and Hoisting Equipment Pty Ltd T/A Redfern Flinn Lifting Equipment, an application was brought before the Fair Work Commission to approve the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Enterprise Agreement 2018. The dispute arose between the employer and its employees represented by the Australian Manufacturing Workers Union. The primary contention was whether the terms of the enterprise agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues for the commission to determine were whether the agreement met the statutory criteria for approval under the Fair Work Act, specifically concerning its fairness and compliance with the minimum standards prescribed by the Act. The commission also examined whether the agreement had been genuinely bargained and if it contained provisions that were unfair or unreasonable. Additionally, the commission considered if the agreement adequately provided for the employees' entitlements and protections.

After examining the submissions and evidence presented, the commission concluded that the enterprise agreement met the statutory requirements for approval. The agreement was found to be fairly negotiated and contained terms that were not unfair or unreasonable. The commission noted that the agreement provided for appropriate entitlements and protections for the employees, aligning with the minimum standards set out in the Fair Work Act. Consequently, the commission approved the enterprise agreement, recognising it as a valid and enforceable contract between the employer and the employees.

The final orders of the commission were that the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Enterprise Agreement 2018 be approved as a certified agreement under the Fair Work Act 2009. This decision finalised the dispute and established the terms of employment for the employees under the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established