DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2016/7180)

FENNER DUNLOP (REVESBY) AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Revesby) 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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 (Revesby) Agreement 2016. The application was made pursuant to section 234 of the Fair Work Act 2009. The agreement in question was made between the employer and the Australian Manufacturing Workers' Union, acting on behalf of the employees. The dispute centred on the terms and conditions of employment for the employees, particularly those relating to hours of work, shift patterns, and penalty rates.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 235 of the Act. This required the Commission to consider if the agreement provided for the terms and conditions of employment that were no less favourable than the relevant modern award, and whether it complied with the good faith bargaining requirements. The Commission also had to assess if the agreement was in the best interests of the employees.

The Commission found that the agreement contained terms that were no less favourable than those set out in the relevant modern award, and that the parties had engaged in good faith bargaining. The Commission considered that the agreement was in the best interests of the employees as it provided for improved shift patterns and penalty rates. The Commission was satisfied that the agreement met all the criteria for approval and approved the Fenner Dunlop (Revesby) Agreement 2016. The approval took effect from 1 April 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