Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Service

[2013] FWCA 4207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Service
(AG2013/1576)

FENNER DUNLOP (ADELAIDE) AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 28 JUNE 2013

Application for approval of the Fenner Dunlop (Adelaide) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Adelaide) Agreement 2013 (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 Dunlop Engineering Conveyor Service. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2013. The nominal expiry date of the Agreement is 5 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Service, the applicant sought approval of the Fenner Dunlop (Adelaide) Agreement 2013 under the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on the grounds that the agreement was not a genuine enterprise agreement and did not meet certain legal criteria. The case was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement constituted a genuine enterprise agreement and if it complied with the requirements of the Fair Work Act. The respondent argued that the agreement was not genuinely agreed upon by the employees and did not cover all employees within the enterprise. Furthermore, the respondent contended that certain terms of the agreement contravened provisions of the Fair Work Act. The applicant, on the other hand, maintained that the agreement was genuine and met all statutory requirements.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement, as it was formed through proper consultation and negotiation processes. The Commission determined that the agreement met all the necessary criteria, including covering all employees within the enterprise and not including terms that contravened the Fair Work Act. The Commission was satisfied with the evidence presented and the overall fairness of the agreement, leading to the conclusion that the agreement should be approved.

In light of the findings, the Fair Work Commission approved the Fenner Dunlop (Adelaide) Agreement 2013, recognising it as a genuine enterprise agreement. The decision was made in accordance with the principles of fairness and the requirements of the Fair Work Act, ensuring that the rights and interests of both the employer and the employees were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established