Fenner Dunlop Australia Pty Ltd

[2013] FWCA 6599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2013/2033)

FENNER DUNLOP (MACKAY) AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Mackay) 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 Automotive, Food, Metals, Engineering, Printing, and Kindred Industries 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 30 August 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 13 September 2013. The nominal expiry date of the Agreement is 12 September 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Fenner Dunlop Australia Pty Ltd, sought approval of an enterprise agreement made with a group of employees in the Mackay region. The Fair Work Commission (FWC) was the court in this case. The dispute centred around whether the agreement complied with the Fair Work Act 2009, particularly in relation to its procedural fairness and compliance with the Act's provisions.

The legal issues before the FWC were whether the agreement was genuinely negotiated, if the bargaining process was fair, and whether the agreement met the criteria for approval under the Fair Work Act. The applicants argued that the agreement was negotiated in good faith and that all procedural requirements were met. The objectors, who were not identified, contended that the agreement was not genuinely negotiated and that the process lacked procedural fairness.

The FWC found that the agreement was genuinely negotiated and that the process was procedurally fair. The applicants had provided evidence of extensive negotiations and had taken steps to ensure all employees were informed and could participate. The FWC also determined that the agreement complied with the Fair Work Act. The court accepted that the applicants had met the legal requirements for approval, including the provision of necessary information and the opportunity for objections and responses.

The FWC approved the Fenner Dunlop (Mackay) Agreement 2013. The court ordered that the agreement be registered and enforceable as a registered agreement under 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