DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2018/4647)

FENNER DUNLOP (FOOTSCRAY MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 DECEMBER 2018

Application for approval of the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Footscray Maintenance) Enterprise 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] 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 and 188 as are relevant to this application for approval have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 13 December 2018 and, in accordance with s.54, will operate from 20 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Fenner Dunlop Australia Pty Ltd, an applicant, seeking approval of the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2018. The applicant, a company engaged in the manufacturing of automotive components, sought to have the agreement approved by the Fair Work Commission (FWC) as a single-employer enterprise agreement. The nature of the dispute centred on the terms and conditions of employment within the company's Footscray Maintenance division, and the procedural aspects of the enterprise agreement.

The primary legal issue before the court was whether the enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a single-employer enterprise agreement, and if it complied with the procedural and substantive provisions of the Act. This included examining the consultation process and the fairness of the agreement's terms.

The court considered the procedural fairness of the agreement, noting the applicant's efforts to consult with the employees and their representatives. The court found that the agreement was appropriately negotiated and reflected the views of the employees, thus satisfying the requirements for procedural fairness. Additionally, the court assessed the substantive fairness of the agreement, concluding that it did not unjustifiably disadvantage the employees. The court's reasoning was grounded in the principle that the agreement should reflect a balance of interests between the employer and employees, and it found that the applicant had achieved this balance.

The final orders of the court were that the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2018 be approved as a single-employer enterprise agreement, effective from the date of the decision. This approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe.

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