Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

[2022] FWCA 4520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2022/5144)

ACE [NSW] Electrical Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the ACE [NSW] Electrical 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 was approved on 20 December 2022 and, in accordance with s.54, will operate from 27 December 2022. The nominal expiry date of the Agreement is 1 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd, trading as Fenner Conveyors, applied to the Australian Industrial Relations Commission for the approval of the ACE Electrical Enterprise Agreement 2022. The agreement, which was set to cover the employees of Fenner Dunlop, was contested on several grounds. The primary concern was whether the agreement adequately protected the employees' rights and interests while also ensuring that it was fair and reasonable for the employer.

The legal issues before the court revolved around the compliance of the agreement with the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the statutory requirements for bargaining, including whether it was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the court had to assess if the agreement was free from any unfair provisions and whether it was appropriate for the particular bargaining unit.

In its decision, the court examined the negotiation process and found that the agreement was made in good faith. It was noted that the agreement had been the result of extensive negotiations between the parties. The court also considered the terms and conditions of the agreement, finding that they were fair and reasonable. Importantly, the court determined that the agreement did not contain any unfair provisions and was appropriate for the bargaining unit. Consequently, the court approved the ACE Electrical Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established