Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

[2024] FWCA 2491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2024/2345)

ACE [NSW] ELECTRICAL ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 4 JULY 2024

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

Introduction

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] Electrical Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

Subject to the matters referred to above, 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.

Section 183 Bargaining Representatives

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2024. The nominal expiry date of the Agreement is 1 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Fenner Dunlop Australia Pty Ltd, trading as Fenner Conveyors, and the Electrical Enterprise Agreement 2024. The primary dispute centred on the application for the approval of the agreement, which was submitted to the Commission by the parties involved. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the relevant legislation.

The legal issues that the Commission had to address included whether the agreement provided for the proper negotiation process and if it contained the necessary minimum terms and conditions. Additionally, the Commission examined whether the agreement was in compliance with the Fair Work Act 2009, including whether it satisfied the requirements for a certified agreement. The Commission also considered whether the agreement appropriately addressed the needs and interests of the employees and the employer, and whether it promoted a productive workplace.

In its decision, the Commission carefully reviewed the negotiation process and the content of the agreement. The Commission found that the agreement had been properly negotiated and contained all the necessary minimum terms and conditions. The Commission also determined that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of both the employees and the employer. The Commission concluded that the agreement would promote a productive workplace and approved the application for the Electrical Enterprise Agreement 2024. The Commission issued its approval, allowing the agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established