Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Trading AS Redfern Flinn Lifting Equipment Pty Ltd
[2025] FWCA 1763
•27 MAY 2025
| [2025] FWCA 1763 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Trading AS Redfern Flinn Lifting Equipment Pty Ltd
(AG2025/1423)
REDFERN FLINN CRANES & HOISTING EQUIPMENT PTY LTD SYDNEY ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 27 MAY 2025 |
Application for approval of the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Sydney Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement to be known as the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Sydney Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Trading AS Redfern Flinn Lifting Equipment Pty Ltd (Employer). The Agreement is a single enterprise agreement.
NERR issue
There were issues raised by the Commission with the Employer regarding a pre-reform version of the NERR being issued to relevant employees, and whether or not relevant employees were aware that they were in a classification covered by the Agreement (by reference to the coverage provision set out in the NERR issued to relevant employees).[1] Having regard to the written submissions of the Employer dated 22 May 2025, I find that both of these issues constitute no more than minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by these errors.
Undertakings
The Employer has provided written undertakings dated 26 May 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2025. The nominal expiry date of the Agreement is 27 May 2029.
DEPUTY PRESIDENT
ANNEXURE A
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009 and the applicable/relevant Enterprise Agreement Principles.
[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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