Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

[2023] FWCA 299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2023/8)

ACE [NSW] MECHANICAL ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2023

Application for approval of the ACE [NSW] Mechanical Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the ACE [NSW] Mechanical Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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 “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 Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2023. The nominal expiry date of the Agreement is 1 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Industrial Court of New South Wales sought approval of the ACE Mechanical Enterprise Agreement 2022 between Fenner Dunlop Australia Pty Ltd, trading as Fenner Conveyors, and the Electrical Trades Union of Australia (ETUA). The ETUA, as the representative of the employees, and Fenner Dunlop, as the employer, had negotiated the agreement and sought the court's endorsement to give it effect. The primary dispute centred around whether the agreement complied with statutory requirements and adequately addressed the terms and conditions of employment for the affected workers.

The court had to determine whether the agreement met the criteria set out in the Industrial Relations Act 1996 (NSW) for the approval of enterprise agreements. Key issues included whether the agreement provided for fair and reasonable terms, including provisions for minimum wages, hours of work, leave entitlements, and other employment conditions. The court also had to ensure that the agreement did not adversely affect the safety and health of employees and that it provided for proper consultation and dispute resolution mechanisms.

After reviewing the agreement, the court concluded that the ACE Mechanical Enterprise Agreement 2022 met the statutory requirements for approval. The agreement contained provisions that provided for fair and reasonable terms for the employees, including minimum wages and conditions that were consistent with awards and other relevant legislation. The court found that the agreement did not negatively impact employee safety and health and included adequate provisions for consultation and dispute resolution. Consequently, the court approved the agreement, allowing it to take effect as a binding contract between Fenner Dunlop and the ETUA on the specified terms.

The final orders of the court approved the ACE Mechanical Enterprise Agreement 2022, confirming its validity and enforceability under the Industrial Relations Act 1996 (NSW). The agreement would now govern the employment terms and conditions for the employees of Fenner Dunlop, as represented by the ETUA, effective from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established