Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions

[2017] FWCA 1422

[2017] FWCA 1422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2017/219)

FENNER DUNLOP [CAIRNS] AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 14 MARCH 2017

Application for approval of the Fenner Dunlop [Cairns] Agreement 2015.

[1] On 27 January 2017 Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions (Applicant) made an application for approval of the Fenner Dunlop [Cairns] Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 21 March 2017. The nominal expiry date of the Agreement is 24 October 2017.

COMMISSIONER

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Annexure A