DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2019/203)

FENNER DUNLOP (GLADSTONE) AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Fenner Dunlop (Gladstone) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Gladstone) Agreement 2018 (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 Engineered Conveyor Solutions. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, applied to the Fair Work Commission for approval of the Fenner Dunlop (Gladstone) Agreement 2018. The application arose from a dispute between the company and the Australian Manufacturing Workers' Union (AMWU) concerning the terms of the proposed agreement. The central issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the proposed agreement was a "registered agreement" within the meaning of the Fair Work Act. This involved examining whether the agreement satisfied the procedural and substantive requirements set out in the Act. The key procedural requirement was that the agreement must have been negotiated in good faith and the substantive requirement involved ensuring that the agreement did not unfairly discriminate against any employee or class of employees.

The court found that the agreement was appropriately negotiated in good faith and did not unfairly discriminate against any employee or class of employees. It was noted that the agreement contained provisions that were in line with the legislative framework and provided for adequate protections for employees. The court also took into account the fact that the agreement had been made after a period of negotiation between the parties. Based on these findings, the court approved the Fenner Dunlop (Gladstone) Agreement 2018. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established