Fenner Dunlop Australia Pty Ltd

[2014] FWCA 4641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2014/6410)

FENNER DUNLOP (WOLLONGONG) AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Wollongong) 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 17 July 2014. The nominal expiry date of the Agreement is 31 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement, which was made in accordance with the Fair Work Act 2009, covered employees of the company working in Wollongong. The application was made to the Fair Work Commission, which has the jurisdiction to approve, reject, or amend enterprise agreements under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement met the requirements of the Act. This included assessing if the agreement was made in good faith, whether it contained the minimum terms and conditions as stipulated by the Act, and if it complied with the provisions relating to the protection of employee rights and interests. Another issue was whether the agreement was made without coercion, duress, or any other form of undue influence.

The Commission found that the agreement was made in good faith, without any coercion or undue influence. It also determined that the agreement contained all the mandatory minimum terms and conditions as required by the Act, and that it did not unfairly disadvantage any group of employees. The Commission was satisfied that the agreement was made in accordance with the relevant provisions of the Act, and that it was in the best interests of the employees.

Consequently, the Commission approved the Fenner Dunlop (Wollongong) Agreement 2014. This decision effectively established the terms and conditions of employment for the employees covered by the agreement, ensuring that they were compliant with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established