DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2015/3177)

FENNER DUNLOP (ADELAIDE) AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 JULY 2015

Application for approval of the Fenner Dunlop (Adelaide) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Adelaide) 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 9 July 2015 and, in accordance with s.54, will operate from 16 July 2015. The nominal expiry date of the Agreement is 16 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Fenner Dunlop Australia Pty Ltd, the respondent, applied for the approval of the Fenner Dunlop (Adelaide) Agreement 2015, which had been negotiated with the Automotive, Metals and Engineering Employees' Union. The applicant, the union, argued that the agreement was appropriate for the workforce and should be approved. The application for approval was heard by Deputy President Ryan, who was required to determine whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was in the interests of the employees it covered, and whether it was appropriately negotiated and presented to the workforce.

The primary legal issue before the court was whether the agreement was appropriately negotiated and presented to the workforce, as required by section 232 of the Fair Work Act. The court needed to determine whether the union had properly represented the employees' interests in the negotiation process, and whether the agreement was presented to the employees in a manner that allowed them to understand and consider the terms of the agreement. The court also had to assess whether the agreement was in the best interests of the employees it covered, taking into account factors such as the likely impact of the agreement on the employees' conditions of employment, and the extent to which the agreement promoted harmonious, productive and cooperative workplace relations.

The court found that the agreement was appropriately negotiated and presented to the workforce. The union had acted in the best interests of the employees by negotiating an agreement that provided for a range of benefits, including pay increases, improved leave entitlements and better access to training and development opportunities. The court was satisfied that the union had properly represented the employees' interests in the negotiation process, and that the agreement had been presented to the workforce in a manner that allowed them to understand and consider the terms of the agreement. The court also found that the agreement was in the best interests of the employees it covered, as it provided for a range of benefits that would improve the employees' conditions of employment and promote harmonious, productive and cooperative workplace relations.

The court approved the Fenner Dunlop (Adelaide) Agreement 2015, and the agreement is now legally binding on the parties and the employees it covers. The court's decision provides clarity and certainty for the parties and the employees, and ensures that the agreement is appropriately negotiated and presented to the workforce. The agreement provides for a range of benefits that will improve the employees' conditions of employment and promote harmonious, productive and cooperative workplace relations.

Fenner Dunlop Australia Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established