DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd
(AG2016/4036)

FENNER DUNLOP (FOOTSCRAY MANUFACTURING) & NUW ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Fenner Dunlop (Footscray Manufacturing) & NUW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Footscray Manufacturing) & NUW Enterprise Agreement 2015 (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 Applicant 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, 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 National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd recently faced a legal dispute before the Fair Work Commission regarding the approval of the Fenner Dunlop (Footscray Manufacturing) & NUW Enterprise Agreement 2015. The disagreement arose between the company and the National Union of Workers (NUW) concerning the terms and conditions of employment for certain employees at the Footscray Manufacturing plant. The central issue in the case was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for a 'good faith' agreement and whether it adequately covered the minimum entitlements and conditions stipulated by the Act.

The Commission was tasked with determining whether the enterprise agreement adhered to the legal standards set forth in the Fair Work Act, particularly concerning good faith bargaining and the protection of employee rights. The Commission considered various factors, including the extent of the union's representation, the fairness of the negotiation process, and whether the agreement provided for minimum terms and conditions as required by law. In its assessment, the Commission also examined whether any provisions within the agreement unfairly disadvantaged employees or circumvented statutory protections.

After a thorough review of the evidence and submissions from both parties, the Fair Work Commission concluded that the enterprise agreement met the necessary legal criteria. The Commission found that the agreement was the product of genuine and fair negotiations, adequately covered the minimum terms and conditions, and did not unfairly disadvantage any party. Consequently, the Commission approved the enterprise agreement, allowing it to proceed as a legally binding contract between Fenner Dunlop Australia Pty Ltd and the NUW. This decision signifies that the agreement can now be implemented, providing clarity and stability for the employees and the employer.

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