Fenner Dunlop Australia Pty Ltd

Case

[2022] FWCA 29

6 JANUARY 2022


[2022] FWCA 29

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd

(AG2021/9071)

Fenner Dunlop (Wollongong) Agreement 2021

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 6 JANUARY 2022

Application for approval of the Fenner Dunlop (Wollongong) Agreement 2021

  1. An application has been made for approval of an enterprise agreement to be known as the the Fenner Dunlop (Wollongong) Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fenner Dunlop Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2022. The nominal expiry date of the Agreement is 31 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514536  PR737313>

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