DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2019/3189)

FENNER DUNLOP MANUFACTURING (KWINANA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 SEPTEMBER 2019

Application for approval of the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2019.

[1] Fenner Dunlop Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 18 September 2019 and, in accordance with s 54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd, an employer, and the Manufacturing and Energy Officers Union, a union, sought approval of the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2019. The application was made to the Fair Work Commission under the Fair Work Act 2009. The union argued that the agreement met the criteria for approval as it provided for appropriate pay and conditions, while the employer contended that certain provisions were unreasonable and not in the best interests of employees.

The legal issues before the Commission were whether the agreement contained terms that were unreasonable and whether the agreement was in the best interests of the employees. The Commission considered the overall fairness and reasonableness of the agreement, including the provisions related to wages, hours of work, leave, and dispute resolution mechanisms. The employer's argument focused on specific clauses that they believed were overly restrictive and potentially detrimental to the business operations.

The Fair Work Commission found that the agreement, while containing some provisions that could be considered restrictive, did not contain any terms that were unreasonable in the circumstances. The Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and equitable terms and conditions of employment. The provisions were deemed to be necessary for the protection of employees' rights and to maintain a fair and harmonious workplace. The Commission approved the agreement, finding that it met the statutory requirements for registration.

The Fair Work Commission approved the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2019, determining that it contained fair and reasonable terms and was in the best interests of the employees. The decision confirms the importance of considering the overall context and circumstances when assessing the reasonableness of an enterprise agreement.

Fenner Dunlop Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established