DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2017/2554)

FENNER DUNLOP [TOWNSVILLE] AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 10 AUGUST 2017

Application for approval of the Fenner Dunlop [Townsville] Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop [Townsville] 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] 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 17 August 2017. The nominal expiry date of the Agreement is 24 October 2018.

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, filed an application for the approval of the Fenner Dunlop Townsville Agreement 2016. The dispute before the Fair Work Commission (FWC) involved the terms and conditions of employment for employees within the company's Townsville operations. The application sought to have the agreement recognised as a safety net agreement, which would then provide a safety net for employees and prevent them from being worse off than they would be under the applicable award.

The legal issues before the FWC centred around whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, if it provided for fair and reasonable terms and conditions, and if it met the 'better off overall test' (BOOT) for employees. This test required that employees would not be worse off overall compared to if the applicable award applied.

In its decision, the FWC found that the proposed agreement met the necessary criteria. The Commission was satisfied that the agreement would not result in employees being worse off overall, as it provided for a range of terms and conditions that were fair and reasonable. The FWC noted that the agreement included provisions for minimum rates of pay, leave entitlements, and other conditions that were at least as favourable as, if not better than, the applicable award. Additionally, the FWC considered the public interest, finding that the agreement would facilitate greater flexibility and productivity within the company's Townsville operations.

In conclusion, the FWC approved the Fenner Dunlop Townsville Agreement 2016 as a safety net agreement. The decision was made on the basis that the agreement met the statutory requirements under the Fair Work Act and provided for fair and reasonable terms and conditions for employees. The agreement was approved and will now apply to employees within the Townsville operations of Fenner Dunlop Australia Pty Ltd.

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