Fenner Dunlop Australia Pty Ltd Summary

[2014] FWCA 1999

The attached document replaces the document previously issued with the code PR548943 issued on 24 March 2014.

This document has been amended to correct the reference numbers.

Dale Ramsey

Associate to Commissioner Stanton

25 March 2014

[2014] FWCA 1999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2014/3929)

FENNER DUNLOP (NEWCASTLE) AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER STANTON	NEWCASTLE, 24 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Newcastle) Agreement 2014 (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.

[3] The Agreement is approved and in accordance with s.54 of the Act, shall operate on and from 30 March 2014. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd applied for approval of the Fenner Dunlop (Newcastle) Agreement 2014. The application was made under section 197 of the Fair Work Act 2009. The respondents were the Australian Manufacturing Workers Union and the Australian Workers Union. The dispute concerned the terms and conditions of employment for workers at the Newcastle site of Fenner Dunlop, a company involved in the manufacture of conveyor belts and related products.

The central legal issue was whether the agreement provided for fair and reasonable terms and conditions of employment and was appropriately certified by the Australian Building and Construction Commission. The court needed to consider whether the agreement complied with the statutory requirements and whether it met the standard of being "better off overall" for the employees.

The court examined the certification process and the terms of the agreement. It found that the agreement had been properly certified by the Australian Building and Construction Commission and met the statutory requirements. The court also concluded that the agreement provided for fair and reasonable terms and conditions of employment, and the employees would be better off overall under the agreement. The court approved the application and authorised the agreement to be registered.

The court's final order was that the Fenner Dunlop (Newcastle) Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of registration and would govern the employment conditions for the workers at the Newcastle site of Fenner Dunlop.

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