DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2018/7107)

FENNER DUNLOP (CAIRNS) AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Cairns) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 24 October 2020.

COMMISSIONER

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 the approval of the Fenner Dunlop (Cairns) Agreement 2018. The dispute centred around whether the agreement met the statutory requirements for approval, including the need for it to comply with the Fair Work Act 2009. The Commission was required to consider the terms of the agreement and whether it provided for appropriate mechanisms to resolve workplace disputes.

The legal issues that the Fair Work Commission had to decide included whether the agreement complied with the mandatory provisions of the Fair Work Act, whether it provided for a fair and reasonable terms of employment, and if the agreement met the requirements for approval as set out in the legislation. A significant aspect of the decision was the examination of the dispute resolution provisions within the agreement to ensure they were effective and compliant with the statutory framework.

In its decision, the Fair Work Commission found that the Fenner Dunlop (Cairns) Agreement 2018 met all the necessary statutory requirements. The Commission noted that the agreement contained provisions for the resolution of workplace disputes that were consistent with the standards set out in the Fair Work Act. Furthermore, the agreement provided for fair and reasonable terms of employment and adhered to the mandatory provisions of the Act. Consequently, the Commission approved the agreement, confirming its compliance with the necessary legal standards.

The final orders of the Commission were that the Fenner Dunlop (Cairns) Agreement 2018 be approved and registered under the Fair Work Act 2009. This approval ensured that the agreement would have legal effect and be binding on the parties involved, thereby providing a framework for the resolution of workplace disputes and the establishment of employment terms.

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