DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2018/5714)

FENNER DUNLOP (TOWNSVILLE) AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Townsville) 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 19 March 2019. The nominal expiry date of the Agreement is 24 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, sought approval of an enterprise agreement. The application was brought by the company, and the Australian Manufacturing Workers' Union opposed it. The disagreement centred around the terms of the proposed Fenner Dunlop (Townsville) Agreement 2018, which sought to govern the employment conditions of the union's members.

The primary issues before the Commission involved the compliance of the agreement with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine whether the agreement met the requirements for direct application and whether it was a lawful agreement. Additionally, the Commission had to consider if the agreement provided for a fair and reasonable outcome for both the employees and the employer.

After careful consideration of the arguments and evidence presented, the Commission concluded that the Fenner Dunlop (Townsville) Agreement 2018 complied with the relevant legislation. The agreement was deemed to be a lawful agreement and met the necessary criteria for direct application. The Commission found that the agreement provided for a fair and reasonable outcome for both parties, taking into account the overall context and the benefits it provided to the employees.

Accordingly, the Fair Work Commission approved the Fenner Dunlop (Townsville) Agreement 2018, which will now apply directly to the employees of Fenner Dunlop Australia Pty Ltd in the Townsville region. The Commission's decision is final and binding on both parties, and the agreement will now govern the employment conditions of the affected employees.

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