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
(AG2021/152)

REDFERN FLINN CRANES & HOISTING EQUIPMENT PTY LTD SYDNEY ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 10 FEBRUARY 2021

Application for approval of the Redfern Flinn Cranes & Hoisting Equipment Pty Ltd Sydney Enterprise Agreement 2021.

[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 2021 (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 17 February 2021. The nominal expiry date of the Agreement is 10 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Redfern Flinn Cranes and Hoisting Equipment Pty Ltd, trading as Redfern Flinn Lifting Equipment Pty Ltd, sought approval for the Sydney Enterprise Agreement 2021. This agreement aimed to govern the terms and conditions of employment for employees in the Sydney area. The application was heard by the Fair Work Commission, with the decision delivered by Commissioner John Logan. The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission examined several aspects of the agreement to determine its compliance. These included the procedural fairness of the agreement's development, the scope of its coverage, and its adherence to the mandated minimum entitlements outlined in the Act. The applicant argued that the agreement was developed through a genuine process of consultation and negotiation, and that it provided for fair and reasonable terms and conditions. The Commission considered submissions from both the applicant and the relevant union, which represented the employees. After reviewing the evidence and submissions, the Commission determined that the agreement was procedurally sound and substantively fair.

The Commission found that the agreement met all the necessary criteria for approval under the Act. The process of developing the agreement was deemed genuine, and the terms and conditions were considered fair and reasonable. The agreement provided for minimum entitlements as required by the Act, and it covered all relevant employees within the scope of the enterprise. Therefore, the Commission approved the Sydney Enterprise Agreement 2021. The approval was subject to the agreement being registered with the Fair Work Commission, which would then make it a legally binding enterprise agreement.

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