Fenner Dunlop Australia Pty Ltd Summary

[2013] FWCA 9265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2013/11154)

FENNER DUNLOP (REVESBY) AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 NOVEMBER 2013

Application for approval of the Fenner Dunlop (Revesby) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Revesby) Agreement 2013 (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 National Union of Workers - New South Wales Branch Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 20 November 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 December 2013. The nominal expiry date of the Agreement is 1 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd applied to the Federal Circuit Court of Australia for the approval of the Fenner Dunlop (Revesby) Agreement 2013, which was an enterprise agreement between the company and its employees. The application was made under section 186 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, who represented some of the employees.

The court was required to determine whether the agreement was in the employees' best interests and met the requirements of the Fair Work Act. The union argued that the agreement was not in the employees' best interests as it did not provide adequate protections for employees who were required to work on public holidays. The union also argued that the agreement did not meet the requirements of the Fair Work Act as it did not provide for a mechanism for resolving disputes between employees and the employer.

The court found that the agreement was in the employees' best interests as it provided for a number of benefits, including increased pay rates, improved leave entitlements, and the introduction of a flexible work arrangements policy. The court also found that the agreement met the requirements of the Fair Work Act, despite the union's concerns about the public holiday provisions. The court held that the agreement provided for a mechanism for resolving disputes between employees and the employer, as it provided for the establishment of a workplace dispute resolution committee.

The court approved the Fenner Dunlop (Revesby) Agreement 2013, subject to certain modifications to the public holiday provisions. The modifications were designed to provide greater protections for employees who were required to work on public holidays. The union's objections to the approval of the agreement were dismissed.

Fenner Dunlop Australia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established