DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2017/4076)

FENNER DUNLOP (MACKAY) AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Fenner Dunlop (Mackay) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Mackay) Agreement 2016 (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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 24 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, applied for the approval of the Fenner Dunlop (Mackay) Agreement 2016. The applicant sought to have the agreement, which contained various terms and conditions of employment for employees at the Mackay site, recognised under the Fair Work Act 2009. The dispute arose as the applicant wished to implement the agreement and required the Commission's approval to do so.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient system for resolving disputes, and whether it complied with the process requirements for the approval of an enterprise agreement. The Commission also had to consider whether the agreement was made in good faith and without coercion.

The Commission found that the agreement provided for a fair and efficient system for resolving disputes, as it included provisions for conciliation and arbitration. It also met the process requirements for approval, including the provision of full particulars and the requisite majority of votes in favour of the agreement. The Commission was satisfied that the agreement was made in good faith and without coercion. Accordingly, the Commission approved the Fenner Dunlop (Mackay) Agreement 2016.

As a result of the approval, the agreement is now registered and enforceable under the Fair Work Act. The terms and conditions set out in the agreement will apply to the employees covered by the agreement, and the employer is required to comply with the provisions of the agreement.

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