Fenner Dunlop Australia Pty Ltd and Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services

Case [2019] FWCA 6302
[2019] FWCA 6302
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd and Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services
(AG2019/3186)

BELLE BANNE CONVEYOR SERVICES (MELBOURNE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries

COMMISSIONER CIRKOVIC

MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Belle Banne Conveyor Services (Melbourne) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Belle Banne Conveyor Services (Melbourne) 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 and Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 10 September 2019 and, in accordance with s.54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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<AE505218  PR712185>

Details
AGLC
Fenner Dunlop Australia Pty Ltd and Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services [2019] FWCA 6302
Case
[2019] FWCA 6302
Decision Date

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd and Fenner Dunlop Conveyor Services Pty Ltd, trading as Belle Banne Conveyor Services, sought the Fair Work Commission's approval of the Belle Banne Conveyor Services (Melbourne) Enterprise Agreement 2018. The application for approval arose due to concerns over whether the agreement met the legal requirements set forth in the Fair Work Act 2009. The applicant employers contended that the agreement was fairly negotiated and complied with all necessary conditions. The relevant legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and if it had been properly negotiated with the relevant employee representatives. The Commission examined the negotiation process, the content of the agreement, and the compliance with statutory provisions. In its reasoning, the Commission found that the agreement had been fairly negotiated and contained all the necessary minimum terms and conditions. The Commission was satisfied that the process adhered to good faith and the agreement met all statutory requirements. Consequently, the Fair Work Commission approved the Belle Banne Conveyor Services (Melbourne) Enterprise Agreement 2018.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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