DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2015/6847)

FENNER DUNLOP PILBARA SERVICE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Fenner Dunlop Pilbara Service Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop Pilbara Service Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fenner Dunlop Australia 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 18 December 2015. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd applied to the Federal Circuit Court for approval of the Fenner Dunlop Pilbara Service Agreement 2015. The agreement aimed to regulate the relationship between Fenner Dunlop and its employees, specifically those who are members of the Transport Workers’ Union. The dispute centred around whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was required to determine if the agreement provided for minimum working conditions and whether it was a genuine agreement that had been genuinely negotiated.

The primary legal issue before the court was whether the proposed agreement complied with the statutory criteria for approval under the Fair Work Act. This involved examining if the agreement contained provisions for minimum terms and conditions, and if it was genuinely negotiated and agreed upon by both parties. The court had to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith.

The court found that the agreement met the statutory requirements for approval. It contained the necessary minimum terms and conditions, and the evidence showed that it was genuinely negotiated and agreed to by both Fenner Dunlop and the Transport Workers’ Union. The court was satisfied that the agreement was made in good faith and did not contain any terms that were against the public interest. Consequently, the court approved the Fenner Dunlop Pilbara Service Agreement 2015.

The court ordered the approval of the Fenner Dunlop Pilbara Service Agreement 2015, effective from the date of the judgment. This decision was made on the basis that the agreement satisfied all the statutory criteria for approval under the Fair Work Act, including the provision of minimum terms and conditions, and the evidence of genuine negotiation and agreement.

Fenner Dunlop Australia 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