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

[2022] FWCA 685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/431)

Fenner Conveyors [Gladstone] Agreement 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2022

Application for approval of the Fenner Conveyors [Gladstone] Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Fenner Conveyors [Gladstone] Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2022. The nominal expiry date of the Agreement is 1 November 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions, an application was made to the Fair Work Commission for the approval of an enterprise agreement, titled the Fenner Conveyors [Gladstone] Agreement 2021. The applicant, Fenner Dunlop, sought to have the agreement recognised as meeting the requirements of the Fair Work Act 2009. The application arose from negotiations between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the statutory requirements of the Act.

The primary legal issues before the Commission were whether the agreement fulfilled the criteria for 'simplicity, clarity and accessibility' as outlined in section 228 of the Act, and whether the agreement was made 'in good faith' as required by section 230. The Commission also needed to determine if the agreement contained all the necessary 'mandatory terms' as stipulated by section 229 of the Act. Furthermore, the Commission had to consider whether the agreement was free from any provisions that would 'adversely affect' the operation of the Act, as per section 231.

The Fair Work Commission found that the proposed agreement met all the statutory requirements for approval. The agreement was deemed to be simple, clear, and accessible, with all mandatory terms included and no adverse effect on the operation of the Act. The Commission concluded that the agreement was made in good faith and was fair and reasonable in its terms. The evidence presented demonstrated that the agreement had been the subject of genuine negotiations between the parties and that it provided for a fair and efficient workplace. Accordingly, the application for approval of the Fenner Conveyors [Gladstone] Agreement 2021 was successful.

The final orders of the Fair Work Commission approved the Fenner Conveyors [Gladstone] Agreement 2021 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would apply to the employees of Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions at the Gladstone site, effective from the date of registration. The terms of the agreement would govern the employment conditions of the employees until the agreement expires or is replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established