DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2017/1025)

FENNER DUNLOP [GLADSTONE] AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 28 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop [Gladstone] 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2017. The nominal expiry date of the Agreement is 1 November 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, applied to the Fair Work Commission for approval of the Fenner Dunlop (Gladstone) Agreement 2016. The application was brought under section 231 of the Fair Work Act 2009, seeking direct registration of the agreement. The dispute centred on the procedural fairness of the process leading to the agreement, particularly whether the employer had appropriately engaged with employees regarding the terms of the agreement. The Commission was tasked with determining whether the agreement was made in good faith and whether the necessary procedural steps were followed in its creation.

The legal issues before the Commission included whether the employer had taken sufficient steps to inform and consult with employees about the agreement, and whether the agreement was made without any improper conduct or coercion. The Commission examined the evidence provided by both parties regarding the consultation process and whether it was adequate to ensure that employees had a genuine opportunity to understand and discuss the terms of the agreement. The Commission also considered whether the agreement complied with the requirements for direct registration under the Fair Work Act.

After reviewing the evidence, the Commission found that the employer had taken reasonable steps to consult with employees, and that the agreement was made in good faith. The Commission noted that while the process could have been improved, there was no evidence of improper conduct or coercion. The Commission concluded that the procedural fairness requirements were met, and that the agreement was suitable for direct registration. Consequently, the Commission approved the application for registration of the Fenner Dunlop (Gladstone) Agreement 2016.

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