Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

[2023] FWCA 299

[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

1. 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.

1. 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.

1. 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.

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 Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. 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

<AE519035  PR750089>

Annexure A