DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd t/a Fenner Dunlop Engineered Conveyor Solutions
(AG2016/997)

FENNER DUNLOP MAINTENANCE (FOOTSCRAY) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Fenner Dunlop Maintenance (Footscray) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop Maintenance (Footscray) Enterprise 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 “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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, sought approval for the Fenner Dunlop Maintenance (Footscray) Enterprise Agreement 2016. The application was before the Fair Work Commission, where the company sought to have the enterprise agreement registered and declared as complying with the relevant legislative requirements. The union representing the employees, the Transport and General Workers Union of Australia, contested the application, raising several objections and concerns regarding the fairness and compliance of the agreement.

The legal issues before the Commission centred on whether the enterprise agreement met the necessary statutory requirements under the Fair Work Act 2009. Key points of contention included whether the agreement had been genuinely negotiated, whether it contained mandatory terms that complied with the Fair Work Act, and if it was procedurally sound. The union argued that the agreement was not fairly and genuinely negotiated and did not contain certain mandatory terms that should be included. The Commission needed to assess the evidence presented by both parties to determine if the agreement could be approved.

In its decision, the Fair Work Commission considered the evidence provided by both Fenner Dunlop and the union. The Commission examined the process of negotiation, the content of the agreement, and whether the mandatory terms were included. After reviewing the submissions, the Commission found that the enterprise agreement was genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission approved the agreement, finding that it met all necessary legislative requirements and was fair and reasonable in its terms.

The Fair Work Commission declared the Fenner Dunlop Maintenance (Footscray) Enterprise Agreement 2016 to be approved and registered. The agreement was deemed to comply with all relevant provisions of the Fair Work Act, and the objections raised by the union were dismissed. This decision ensures that the enterprise agreement will govern the employment conditions of the workers at the Footscray site and provides a framework for their terms and conditions of employment.

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