DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2018/4802)

FENNER DUNLOP (WOLLONGONG) AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Wollongong) Agreement 2018 (the Agreement). The application was made pursuant to s.185 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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] 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 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 Agreement covers the organisation.

[5] The Agreement was approved on 30 January 2019 and, in accordance with s.54, will operate from 6 February 2019. The nominal expiry date of the Agreement is 31 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd recently faced a matter before the Fair Work Commission where it sought approval for the Fenner Dunlop (Wollongong) Agreement 2018. The dispute centred around the terms of the proposed agreement which was intended to regulate the employment conditions of certain employees within the Wollongong facility. The commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments.

The primary legal issues before the commission were whether the agreement met the requirements for a 'modern award' under the Fair Work Act and if it appropriately balanced the interests of the employees and the employer. Specifically, the commission needed to assess if the agreement provided adequate protections for employees, including minimum wages, hours of work, and leave entitlements, while also ensuring it did not undermine the employer's operational flexibility.

In delivering its decision, the commission emphasised the importance of fair and equitable outcomes for both parties. It found that the proposed agreement adequately reflected the principles of the modern awards, providing necessary protections for employees without excessively restricting the employer's business operations. The commission highlighted that the agreement included provisions for skill development and training, which were beneficial for employees' career progression. Consequently, the commission approved the agreement, noting that it struck a fair balance between the rights and obligations of both Fenner Dunlop and its employees.

The final orders confirmed the approval of the Fenner Dunlop (Wollongong) Agreement 2018, with the effective date set to coincide with the expiry of the existing agreement. This decision ensures that employees covered by the agreement benefit from updated terms that align with modern industrial standards, while the employer retains the flexibility needed to manage its operations effectively.

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