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

[2021] FWCA 6714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd & Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services
(AG2021/8297)

BELLE BANNE CONVEYORS (MELBOURNE) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Belle Banne Conveyors (Melbourne) Enterprise Agreement 2021.

[1] Fenner Dunlop Australia Pty Ltd & Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services (the Applicant) has made an application for approval of an enterprise agreement known as the Belle Banne Conveyors (Melbourne) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 November 2021.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fenner Dunlop Australia Pty Ltd and Fenner Dunlop Conveyor Services Pty Ltd, trading as Belle Banne Conveyor Services, applied for the approval of the Belle Banne Conveyors (Melbourne) Enterprise Agreement 2021. The application arose amidst discussions between the employer and the union, the National Union of Workers, over the terms of the proposed agreement. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for being registered and thus enforceable.

The Commission considered several factors in determining whether the agreement met the necessary standards for approval. It examined whether the agreement was made in good faith, whether it was free from coercion or undue influence, and whether it included all required minimum terms and conditions. Additionally, the Commission assessed the process by which the agreement was formed, including whether there was adequate consultation and whether the agreement was appropriately negotiated. The employer provided evidence of a comprehensive negotiation process, which included multiple meetings and submissions from both parties.

After evaluating the evidence and arguments presented, the Commission concluded that the agreement was made in good faith, free from coercion, and contained all the required minimum terms and conditions. The Commission found that the negotiation process was adequate and that the agreement was appropriately formulated. Therefore, the Commission approved the Belle Banne Conveyors (Melbourne) Enterprise Agreement 2021, making it a legally binding contract between the employer and the union.

The Commission's final order was the approval of the enterprise agreement, effective from the date of the decision. This approval ensured that the terms and conditions set out in the agreement would govern the employment relationship between Fenner Dunlop Australia Pty Ltd and Fenner Dunlop Conveyor Services Pty Ltd, on one hand, and the National Union of Workers, on the other, for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established