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

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 2015. The agreement pertains to the employees of the Cairns branch of the company and aims to establish terms and conditions of employment for these workers. The Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The legal issues before the Commission centred on the validity and appropriateness of the terms and conditions outlined in the proposed agreement. Key concerns included whether the agreement met the requirements for being a "registered agreement" as defined in the Fair Work Act, and whether it adhered to the "better off overall test." This test ensures that the proposed agreement provides employees with no less favourable terms and conditions than their existing awards or agreements.

The Fair Work Commission, after thorough consideration, found that the Fenner Dunlop [Cairns] Agreement 2015 met the statutory criteria for approval. The Commission concluded that the agreement was bona fide, did not involve any adverse action as per section 510, and provided employees with terms and conditions that were not less favourable than those under the applicable awards. Furthermore, the agreement satisfied the better off overall test, as it offered employees a range of benefits, including increased wages and improved working conditions. Consequently, the Commission approved the agreement, and it will now apply to the employees of the Cairns branch 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