DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redfern Flinn Cranes & Hoisting Equipment Pty Ltd
(AG2016/650)

REDFERN FLINN CRANES AND HOISTING EQUIPMENT PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 APRIL 2016

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

[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 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 & Hoisting 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. 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.

[3] The Agreement was approved on 6 April 2016 and, in accordance with s.54, will operate from 13 April 2016. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Redfern Flinn Cranes & Hoisting Equipment Pty Ltd, which sought approval for the Redfern Flinn Cranes and Hoisting Equipment Pty Ltd Newcastle Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for approval, including its compliance with the Act and its fairness to the employees it covered.

The legal issues before the Commission were whether the agreement was appropriately negotiated and contained all the necessary provisions as stipulated by the Act. Specifically, the FWC had to consider whether the agreement contained the minimum terms and conditions mandated by the Act, and if it was procedurally fair in its negotiation and execution. Additionally, the FWC had to ensure that the agreement did not disadvantage the employees covered by it.

In examining the application, the FWC assessed the process of negotiation and the contents of the agreement. The FWC found that the agreement was appropriately negotiated and included all required provisions. It determined that the agreement was procedurally fair and did not disadvantage the employees. Consequently, the FWC approved the agreement, recognising that it met all statutory requirements and was fair to the employees involved. The Commission's decision was grounded in its findings that the agreement adhered to the legislative framework and protected the interests of the workforce.

Redfern Flinn Cranes & Hoisting 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