Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

[2022] FWCA 1344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors

(AG2022/970)

Fenner Conveyors Manufacturing (Kwinana) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 APRIL 2022

Application for the approval of the Fenner Conveyors Manufacturing (Kwinana) Enterprise Agreement 2022

Fenner Dunlop Australia Pty Ltd T/A Fenner Conveyors has made an application for the approval of an enterprise agreement known as the Fenner Conveyors Manufacturing (Kwinana) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 21 April 2022 and, in accordance with s 54, will operate from 28 April 2022. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Fenner Dunlop Australia Pty Ltd, trading as Fenner Conveyors, to the Fair Work Commission for the approval of the Fenner Conveyors Manufacturing (Kwinana) Enterprise Agreement 2022. The agreement was set to apply to employees at the company's Kwinana manufacturing facility. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a certified agreement, which would provide it with a degree of protection from challenges in the courts and facilitate its enforcement.

The primary legal issues for the Commission to address were whether the agreement was genuinely a product of bargaining between the employer and employees, whether it contained all the mandated minimum terms and conditions, and whether the agreement was in the best interests of the employees. The Commission had to determine if the bargaining process was conducted fairly and if the agreement provided adequate protections and benefits to the employees.

In assessing the application, the Commission examined the process by which the agreement was negotiated, ensuring that it was genuinely negotiated between the employer and the employees or their representatives. The Commission also evaluated the contents of the agreement against the minimum terms and conditions stipulated in the Fair Work Act, confirming that the agreement met all legal requirements. Finally, the Commission considered whether the agreement would serve the best interests of the employees, taking into account the economic and social context of the industry and the workforce. After thorough deliberation, the Commission approved the agreement, finding it to be a product of genuine bargaining, compliant with all statutory requirements, and in the best interests of the employees.

The Fair Work Commission approved the Fenner Conveyors Manufacturing (Kwinana) Enterprise Agreement 2022, recognising it as a certified agreement. The Commission's decision provided the agreement with a degree of protection from legal challenges and facilitated its enforcement. The approval underscores the importance of ensuring that enterprise agreements are negotiated fairly and provide adequate protections and benefits to employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established