DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2015/78)

FENNER DUNLOP AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the Fenner Dunlop Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Fenner Dunlop Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by Fenner Dunlop Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] An undertaking has been given in relation to clauses 34 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[3] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 29 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd applied to the Fair Work Commission for the approval of the Fenner Dunlop Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers’ Union sought to intervene in the proceedings on the basis that the proposed agreement would have adverse consequences for its members. The application came before the Commission at Melbourne. The question for the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions and whether it complied with the process requirements of the Act.

The Commission held that the application satisfied the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The Commission also found that the process requirements of the Act had been complied with, including the requirement for genuine agreement between the parties. The Commission rejected the contentions of the Australian Workers’ Union that the agreement would have adverse consequences for its members and that it did not meet the criteria for approval.

The Commission approved the agreement. The Commission made an order approving the agreement as a greenfields agreement under section 178 of the Fair Work Act 2009. The order also provided that the agreement would be registered by the Commission and that it would have effect as a registered agreement from 1 August 2014.

Fenner Dunlop Australia Pty Ltd

DECISION

APPENDIX A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established