Fenner Dunlop Australia Pty Ltd Summary

[2014] FWCA 8054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2014/9274)

FENNER DUNLOP (CAIRNS) AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Fenner Dunlop (Cairns) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Cairns) Agreement 2014 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 21 November 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd recently sought approval for the Fenner Dunlop (Cairns) Agreement 2014 before the Fair Work Commission. The applicant, a leading manufacturer of rubber products, sought to implement this agreement which sets out the terms of employment for its Cairns-based employees. The nature of the dispute was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely made by the parties, whether it was made in good faith, and whether it included the essential terms required by the Act. Additionally, the Commission had to consider whether the agreement provided a safety net for employees by ensuring their minimum entitlements were not adversely affected. The applicant argued that the agreement was fair and reasonable and that it provided for better terms and conditions than those provided by the applicable award.

The Commission found that the agreement was genuinely made by the parties and was not done under duress or coercion. It was concluded that the agreement was made in good faith and included all the essential terms as required by the Act. Furthermore, the Commission was satisfied that the agreement provided for better terms and conditions than the applicable award and did not adversely affect the minimum entitlements of the employees. Consequently, the Commission approved the Fenner Dunlop (Cairns) Agreement 2014, finding that it met the statutory criteria for approval.

Fenner Dunlop Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established