DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd T/A Redfern Flinn Lifting Equipment
(AG2016/6149)

REDFERN FLINN CRANES & HOISTING EQUIPMENT PTY LTD SYDNEY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Redfern Flinn Cranes & Hoisting Equipment Pty Ltd Sydney Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Redfern Flinn Cranes & Hoisting Equipment Pty Ltd Sydney Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Redfern Flinn Cranes and Hoisting Equipment Pty Ltd, trading as Redfern Flinn Lifting Equipment, was the respondent in an application seeking the approval of their Sydney Enterprise Agreement 2016. The applicant, presumably an employee or a union representing the employees, sought to have the agreement, which aimed to regulate employment terms and conditions, formally endorsed by the Commission. The dispute centred on whether the agreement complied with the relevant legislative provisions under the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the agreement satisfied the minimum terms and conditions as required by the Fair Work Act, and whether it met the procedural requirements for registration. Specifically, the Commission had to examine if the agreement contained all the prescribed minimum terms, whether it was made in good faith and whether proper consultation had occurred. The fairness and reasonableness of the agreement's terms were also under scrutiny, given the importance of balancing the rights and interests of both the employer and the employees.

Upon careful consideration, the Commission determined that the agreement met all the necessary statutory requirements for approval. The agreement was found to include all the prescribed minimum terms and conditions, and it was concluded that it was made in good faith and following proper consultation processes. The terms of the agreement were deemed fair and reasonable, taking into account the specific nature of the industry and the employer's business. Consequently, the Commission approved the Redfern Flinn Cranes & Hoisting Equipment Pty Ltd Sydney Enterprise Agreement 2016, thereby legally binding the agreement between the employer and the employees.

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