DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2016/4326)

FENNER DUNLOP (WOLLONGONG) AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Wollongong) 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.

[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 Australian Manufacturing Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Fenner Dunlop (Wollongong) Agreement 2016, brought before the Federal Circuit Court of Australia. The applicant, Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions, sought the court's approval for an enterprise agreement. This agreement was intended to cover employees working at the Wollongong site, including those in managerial roles, who were previously excluded from the scope of a prior agreement.

The primary legal issues before the court were whether the proposed agreement complied with the necessary provisions of the Fair Work Act 2009 and if the process for its negotiation and execution was lawful and fair. The court had to determine if the agreement met the requirements for certification, including whether it provided for minimum terms and conditions of employment and whether it had been fairly negotiated. Additionally, the court needed to assess whether the agreement was in the best interests of the employees.

The Federal Circuit Court found that the agreement was largely compliant with the statutory requirements. The court concluded that the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act and that it had been negotiated fairly. The court also determined that the agreement was in the best interests of the employees. Given these findings, the court approved the Fenner Dunlop (Wollongong) Agreement 2016, and it was registered accordingly. This decision ensured that the agreement could be implemented to govern the employment terms of the employees at the Wollongong site.

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

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established