DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2018/2784)

APPLICATION FOR APPROVAL OF THE FENNER DUNLOP (CAIRNS) AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 17 JULY 2018

Application for approval of the Fenner Dunlop (Cairns) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Cairns) Agreement 2017 (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] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2018. The nominal expiry date of the Agreement is 24 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, 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 2017. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, specifically those in the Cairns region.

The legal issues that the Fair Work Commission was required to decide included whether the agreement met the requirements of the Fair Work Act, particularly section 232, which mandates that agreements must be in writing and provide for the terms and conditions of employment. Another key issue was whether the agreement provided for a fair and reasonable balance of rights and obligations for both the employer and employees.

The Commission found that the Fenner Dunlop (Cairns) Agreement 2017 did indeed meet the statutory requirements. It was in writing, and the terms and conditions were clear and comprehensive. The Commission considered the agreement to be fair and reasonable, providing a balanced set of rights and obligations that were appropriate for the circumstances of the employees. The Commission also noted that the agreement had been made after genuine bargaining between the parties, with no evidence of any unfair labour practices. The application was therefore approved.

The final orders of the Commission were that the Fenner Dunlop (Cairns) Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and have effect from the date of the Commission's decision. The approval of the agreement was to be published in the Commonwealth Gazette and on the Fair Work Commission's website.

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