DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd T/A Redfern Flinn Lifting Equipment Pty Ltd
(AG2020/1056)

REDFERN FLINN CRANES AND HOISTING EQUIPMENT PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 APRIL 2020

Application for approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2020 (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 Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 27 April 2024.

COMMISSIONER

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CaseChat Overview and Summary

Redfern Flinn Cranes and Hoisting Equipment Pty Ltd, trading as Redfern Flinn Lifting Equipment Pty Ltd, applied for the approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2020. The application was made to the Fair Work Commission, which exercises jurisdiction under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements and whether it provided for terms and conditions that were fair and reasonable. This included examining if the agreement met the procedural fairness standards and if it included all mandatory terms as required by the Act.

The Fair Work Commission examined the application against the legal criteria set out in the Fair Work Act. The Commission considered the fairness and reasonableness of the terms, including the procedural fairness of the bargaining process, and whether the agreement provided for the employees' wages and conditions in line with the legislative framework. The Commission also assessed if the agreement contained all the mandatory terms as specified in the Act, such as minimum rates of pay, penalty rates, and leave entitlements. After thorough deliberation, the Commission determined that the proposed agreement was fair and reasonable and met all statutory requirements.

The Fair Work Commission approved the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2020, finding that it was fair and reasonable, and in compliance with the Fair Work Act. The Commission was satisfied with the procedural fairness of the bargaining process and that all mandatory terms were included. The decision was based on the comprehensive examination of the agreement, ensuring that it provided for the employees' terms and conditions in a fair and reasonable manner.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established