Fenner Dunlop Australia Pty Ltd Summary

[2014] FWCA 4812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2014/6280)

FENNER DUNLOP (MACKAY) AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Mackay) 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 24 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd sought approval of the Fenner Dunlop (Mackay) Agreement 2014, which sought to establish a new enterprise agreement between the company and its employees. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The applicant argued that the proposed agreement would provide for a more flexible and efficient workplace, while the respondent argued that the agreement would result in significant cuts to employee entitlements and conditions.

The legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. The FWC considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was an improvement on the previous agreement. The FWC also had to consider whether the agreement was likely to promote harmonious, productive and economic relationships between the parties.

The FWC found that the proposed agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The FWC noted that the agreement provided for a number of improvements to employee entitlements, including increased rates of pay and improved leave provisions. The FWC also found that the agreement was likely to promote harmonious, productive and economic relationships between the parties, as it provided for a more flexible and efficient workplace. The FWC approved the Fenner Dunlop (Mackay) Agreement 2014, subject to certain modifications to ensure that it complied with the Fair Work Act.

The FWC made orders approving the Fenner Dunlop (Mackay) Agreement 2014, subject to modifications. The modified agreement was to be registered by the FWC and would come into effect on a date specified in the order. The FWC also made orders for the publication of the modified agreement and for the giving of notice of the approval to the parties and their employees.

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