Fenner Conveyors

[2025] FWCA 3125

[2025] FWCA 3125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Conveyors

(AG2025/2828)

FENNER CONVEYORS AMWU LATROBE VALLEY COLLECTIVE BARGAINING AGREEMENT 2025

Mining industry
COMMISSIONER CONNOLLY	MELBOURNE, 17 SEPTEMBER 2025

Application for approval of the Fenner Conveyors AMWU Latrobe Valley Collective Bargaining Agreement

1. An application has been made for approval of an enterprise agreement known as the Fenner Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fenner Conveyors (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on the 28 August 2025.

Late Application

1. The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 21 August 2025.

NES Precedence Clause

1. There are three National Employment Standards (NES) issues that require comment:

·   Family and Domestic Violence Leave: Clause 17 of the Agreement provides that personal leave will be made available for use by victims of family violence including access to additional paid and unpaid leave if necessary. This is inconsistent with section 106A of the Act which provides for a separate entitlement to 10 days of paid family and domestic violence leave for all employees.  

·   Carer’s Leave: Clause 19 of the Agreement provides for carer’s leave; however, the clause stipulates that to be entitled to carer’s leave the person requiring care must be a member of the employee’s immediate family. This may be inconsistent with section 97 of the Act under which carers leave also applies where the person requiring care is a member of the employee’s household.

·   Public Holidays: Clause 21 of the Agreement provides for public holidays, however, payment for absence on a public holiday appears to only apply to full time employees, whereas section 116 of the Act provides that where that public holiday falls in a part-time employee’s ordinary hours they will be entitled to payment for that public holiday.  

1. Clause 4.5 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clause(s) will not apply to the extent that they are inconsistent with the NES.

Union covered

1. The “Australian Manufacturing Workers Union” (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

Approval

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2028

COMMISSIONER

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