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
(AG2016/37)

FENNER DUNLOP DARWIN ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2016

Application for approval of the Fenner Dunlop Darwin Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop Darwin Enterprise Agreement 2015 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2016. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the Fenner Dunlop Darwin Enterprise Agreement 2015. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the court required determination on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was made in good faith, covered the appropriate bargaining unit, and did not discriminate against employees. The court was also required to consider whether the agreement provided for fair terms and conditions of employment, including minimum rates of pay and reasonable working hours.

The Fair Work Commission found that the agreement was made in good faith and covered the correct bargaining unit. It further determined that the agreement did not discriminate against any employees and provided for fair terms and conditions. The Commission held that the agreement provided for minimum rates of pay and reasonable working hours, thus meeting the necessary criteria for approval. Consequently, the court approved the Fenner Dunlop Darwin Enterprise Agreement 2015.

The Fair Work Commission approved the Fenner Dunlop Darwin Enterprise Agreement 2015, effective from the date of the decision. The approval ensures that the agreement remains in force and binding on all parties until a new agreement is made or until the agreement is terminated under the Fair Work Act 2009.

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