Fenner Dunlop Australia Pty Ltd Summary

[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

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.

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.

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.

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

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

CaseChat Overview and Summary

The Federal Court heard an application by Fenner Dunlop Australia Pty Ltd for approval of the Fenner Dunlop (Wollongong) Agreement 2021. This agreement aimed to establish a new enterprise agreement applicable to the company's Wollongong employees. The dispute arose due to disagreements between the company and the union representatives regarding certain terms and conditions of employment, including wages, working hours, and other employment-related matters. The court was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections concerning the process for approving enterprise agreements and the substantive terms of the agreement. The court needed to assess if the agreement had been made in good faith, whether it included appropriate provisions for the protection of employees, and if the agreement had been properly negotiated. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms for both the employer and the employees.

The court carefully examined the evidence and submissions from both parties, focusing on the negotiation process, the terms of the agreement, and the protections afforded to the employees. The court found that the agreement had been made in good faith and that the negotiation process was appropriate. The substantive terms of the agreement were also found to be fair and reasonable, providing adequate protections for the employees while balancing the interests of the employer. The court was satisfied that the agreement met all legal requirements for approval under the Fair Work Act.

Consequently, the court approved the Fenner Dunlop (Wollongong) Agreement 2021. The agreement was deemed to be a lawful and valid enterprise agreement, effective from the date of the court's approval. This decision ensures that the terms and conditions of employment for the Wollongong employees are governed by the new agreement, providing a clear framework for their employment relationship.

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