Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

Case

[2024] FWCA 2746

26 JULY 2024


[2024] FWCA 2746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2024/2527)

ACE [NSW] MECHANICAL ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER MIRABELLA

MELBOURNE, 26 JULY 2024

Application for approval of the ACE [NSW] Mechanical Enterprise Agreement 2024.

  1. Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors (the Employer) has made an application for approval of an enterprise agreement known as the ACE [NSW] Mechanical Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

  1. 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 FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 1 February 2024 and the Agreement was made on 26 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

  1. 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 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

  1. The Agreement was approved on 26 July 2024 and, in accordance with s.54, will operate from 2 August 2024. The nominal expiry date of the Agreement is 1 May 2027.

COMMISSIONER

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