DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2016/6772)

FENNER DUNLOP (ADELAIDE) AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 23 NOVEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Adelaide) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Agreement was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 23 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 (Adelaide) Agreement 2016. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation of the enterprise agreement, which sought to establish terms and conditions for employees in the Adelaide region.

The central legal issue before the commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the commission had to determine if the agreement contained terms that were procedurally and substantively compliant with the Act. Procedurally, the commission needed to assess if the agreement was made in good faith and followed the necessary bargaining processes. Substantively, the commission had to ensure that the terms did not undermine the safety net of minimum wages and conditions, did not discriminate, and were otherwise fair and reasonable.

The commission found that the agreement was made in good faith and followed the appropriate bargaining processes, thus satisfying the procedural requirements. On the substantive front, the commission examined various terms of the agreement, including wages, penalties, and other employment conditions. The commission determined that the terms did not undermine the safety net of minimum wages and conditions, were not discriminatory, and were fair and reasonable. Consequently, the commission approved the Fenner Dunlop (Adelaide) Agreement 2016, allowing it to be registered and enforceable.

The Fair Work Commission approved the Fenner Dunlop (Adelaide) Agreement 2016, ordering its registration and enforcement as a registered agreement under the Fair Work Act. This decision provided certainty for both the employer and the employees covered by the agreement, ensuring that the terms and conditions of employment were legally sound and enforceable.

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