Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors
[2025] FWCA 515
•7 FEBRUARY 2025
| [2025] FWCA 515 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors
(AG2025/187)
FENNER CONVEYORS (GLADSTONE) ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER HUNT | BRISBANE, 7 FEBRUARY 2025 |
Application for approval of the Fenner Conveyors (Gladstone) Enterprise Agreement 2024
Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors (the Employer) has applied for approval of an enterprise agreement known as the Fenner Conveyors (Gladstone) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 July 2024 and the Agreement was made on 17 January 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.
Together with the approval application, the Employer lodged proposed undertakings purportedly made pursuant to s.190 of the Act. These undertakings sought to amend any references to the title of the Agreement from “Fenner Conveyors (Gladstone) Agreement 2024”, as it appeared in the approval application forms and the copy of the Agreement lodged with the application, to “Fenner Conveyors (Gladstone) Enterprise Agreement 2024”.
Section 190(1)(b) of the Act states that the Commission may only accept an undertaking to address a concern that an agreement does not meet the requirements of ss.186 and 187 of the Act. As the title of an agreement is not a matter addressed in ss.186 or 187, I indicated to the Employer my view that the amendments proposed by the Employer could be made pursuant to s.218A of the Act, which allows the Commission to vary an agreement to correct an obvious error, defect or irregularity.
On 7 February 2025, the Employer made an application under s.218A of the Act. This application described the references to the “Fenner Conveyors (Gladstone) Agreement 2024” as typographical drafting errors as contemplated by s.218A of the Act. It is apparent from the explanatory material lodged with the Agreement approval application that the title of the Agreement conveyed to employees was the “Fenner Conveyors (Gladstone) Enterprise Agreement 2024”. I am therefore satisfied that the references to the “Fenner Conveyors (Gladstone) Agreement 2024” in the title page, clause 1, and clause 7 of the Agreement are obvious errors within the meaning of s.218A of the Act. The correct title of the Agreement is the Fenner Conveyors (Gladstone) Enterprise Agreement 2024.
Accordingly, I exercise my discretion to vary the Agreement to correct the obvious errors identified by the Employer. I do so on application by the employer covered by the Agreement pursuant to s.218A(2)(b)(i) of the Act. The variation sought will operate from the operative date of the Agreement, being 14 February 2025.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
14 February 2025. The nominal expiry date of the Agreement is 1 November 2026.
COMMISSIONER
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