Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors Summary

[2022] FWCA 3567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2022/3946)

Fenner Conveyors & UWU (Footscray Manufacturing) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 OCTOBER 2022

Application for approval of the Fenner Conveyors & UWU (Footscray Manufacturing) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Fenner Conveyors & UWU (Footscray Manufacturing) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fenner Dunlop Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 13 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd, trading as Fenner Conveyors, applied for approval of the Enterprise Agreement it had entered into with the United Workers Union (Footscray Manufacturing) in relation to its employees. The application was heard by the Fair Work Commission, the industrial relations tribunal of Australia. The dispute centred on the terms and conditions of employment, including wages, hours, and other workplace standards stipulated in the proposed Enterprise Agreement. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it provided for the safety net of minimum wages and conditions and did not discriminate against any group of employees.

The Fair Work Commission considered the provisions of the proposed Enterprise Agreement in light of the legislative framework provided by the Fair Work Act. It assessed whether the agreement provided for a minimum rate of pay that was not less favourable than the applicable award or registered agreement, and whether it contained any discriminatory provisions against certain employees. The Commission also examined whether the agreement had been made in good faith and whether it allowed for fair dispute resolution mechanisms. After thorough scrutiny, the Commission concluded that the Enterprise Agreement met all the statutory requirements and did not contain any provisions that would disadvantage any group of employees.

In light of its findings, the Fair Work Commission approved the Enterprise Agreement, deeming it compliant with the statutory standards set forth in the Fair Work Act. The approval of the Enterprise Agreement by the Commission means that it will now govern the employment terms and conditions between Fenner Conveyors and its employees represented by the United Workers Union (Footscray Manufacturing) from the effective date of the agreement. This decision ensures that the employees will be covered by a legally binding agreement that provides them with a safety net of minimum wages and conditions, while also allowing for flexibility in the workplace arrangements negotiated between the employer and the union.

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established