DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2018/6171)

FENNER DUNLOP (REVESBY) AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 APRIL 2019

Application for approval of the Fenner Dunlop (Revesby) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Revesby) Agreement 2018 (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. The Agreement is a single enterprise agreement.

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

[3] The National Union of Workers-New South Wales Branch 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 12 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd applied to the Fair Work Commission for the approval of the Fenner Dunlop (Revesby) Agreement 2018. The applicant sought the approval of the agreement under section 234 of the Fair Work Act 2009. The application arose from a dispute between the applicant and the Australian Manufacturing Workers’ Union (AMWU) concerning the terms and conditions of employment for workers in the applicant’s Revesby factory.

The legal issues the court needed to decide were whether the agreement provided for fair and reasonable terms and conditions for the workers, and whether it complied with the relevant provisions of the Fair Work Act. In particular, the court needed to consider whether the agreement provided for adequate minimum wages, leave entitlements, and other conditions of employment, and whether it complied with the provisions relating to the protection of vulnerable workers.

The court found that the agreement provided for fair and reasonable terms and conditions for the workers, and that it complied with the relevant provisions of the Fair Work Act. The court noted that the agreement provided for minimum wages that were above the relevant award rates, as well as additional benefits such as paid parental leave and flexible working arrangements. The court also found that the agreement provided adequate protections for vulnerable workers, such as provisions for reasonable adjustments and anti-bullying measures. The court was satisfied that the agreement was in the best interests of the workers and approved it under section 234 of the Fair Work Act.

The court ordered that the Fenner Dunlop (Revesby) Agreement 2018 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the approval and would apply to all workers employed by the applicant at the Revesby factory. The court also ordered that the agreement be published on the Fair Work Commission’s website and that copies be provided to the parties and their relevant representatives.

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