Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

[2024] FWCA 3270

[2024] FWCA 3270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2024/3212)

FENNER DUNLOP (WOLLONGONG) AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 SEPTEMBER 2024

Application for approval of the Fenner Conveyors (Wollongong) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement to be known as the Fenner Conveyors (Wollongong) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors (Employer). The Agreement is a single enterprise agreement.

1. The Employer has also made an application to pursuant to s.218A of the Act to vary the Agreement to correct or amend errors, defects or irregularities (Variation Application).

1. This decision deals with both the EA Application and the Variation Application.

EA Application

Coverage of employee organisation(s)

1. The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024. The nominal expiry date of the Agreement is 31 May 2027.

Variation Application

1. The Employer has applied to make variations to the Agreement so as to correct typographical and numbering errors. The variations are set out in the Employer’s Form F1 dated 16 August 2024.

1. The bargaining representatives have not expressed any opposition to the variations sought.

1. I am satisfied that the variations are being sought as a result of obvious errors in the Agreement, and should be corrected by varying the Agreement. There are no grounds which tend against the exercise of my discretion to approve the variations to the Agreement.

1. I make the variations, which are to take effect on and from 24 September 2024 (i.e. the same time that the Agreement commences operation). The Employer has provided a consolidated and clean version of the Agreement reflecting the variations that I have approved, which is now published with this decision.

DEPUTY PRESIDENT

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