Fenner Dunlop Australia Pty Ltd Summary

[2013] FWCA 9731

The attached document replaces the document previously issued with the above code on 11 December 2013.

It is amended by changing the nominal expiry date of the agreement in paragraph [5] from 17 December 2014 to 17 December 2015.

Fran Cashman

Associate to Commissioner Ryan

Dated: 19 February 2014

[2013] FWCA 9731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2013/10265)

FENNER DUNLOP (FOOTSCRAY) & NUW ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 DECEMBER 2013

Application for approval of the Fenner Dunlop (Footscray) & NUW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Footscray) & NUW Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Fenner Dunlop Australia Pty Ltd. The agreement is a multi-enterprise agreement. The employers are Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions and Fenner (Australia) Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions.

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

[3] An undertaking has been given by the Applicant in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 18 December 2013. The nominal expiry date of the Agreement is 17 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd recently appeared before the Fair Work Commission, where an application for the approval of the Fenner Dunlop (Footscray) & NUW Enterprise Agreement 2013 was brought forward. The applicant sought to have the agreement, which was negotiated between the company and the National Union of Workers, recognised as a lawful and binding enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the procedural and substantive requirements for approval, including ensuring that the agreement was made in good faith and provided for the appropriate matters.

The legal issues before the Commission were primarily concerned with the procedural validity of the agreement and whether it was made in accordance with the requirements of the Fair Work Act. This included verifying that proper consultation had occurred, the agreement was genuinely negotiated, and that it was free from any improper conduct. Additionally, the court had to consider the substantive fairness of the agreement, ensuring that it provided for the appropriate terms and conditions of employment and did not disadvantage any party to an unwarranted degree.

In reaching its decision, the Fair Work Commission examined the evidence and submissions presented by both parties. It determined that the agreement had been made in good faith, with proper consultation and negotiation processes followed. The Commission also found that the agreement contained terms and conditions that were fair and reasonable, taking into account the interests of both employees and the employer. Consequently, the Commission approved the agreement, finding that it complied with the legal requirements and was in the best interests of the parties involved.

The final orders of the Commission included the approval of the Fenner Dunlop (Footscray) & NUW Enterprise Agreement 2013, with the agreement to be registered and enforceable as a registered agreement under the Fair Work Act. The decision confirmed that the agreement would apply to all employees covered by the agreement, and it would remain in force until superseded by a new agreement or expired as per its terms.

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