DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2016/20)

FENNER DUNLOP [TOWNSVILLE] AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 14 JANUARY 2016

Application for approval of the Fenner Dunlop [Townsville] Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop [Townsville] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 23 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions, the matter before the court was an application for the approval of the Fenner Dunlop [Townsville] Agreement 2015. The applicant, Fenner Dunlop, sought to have this agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the process and content of the agreement, which was aimed at resolving ongoing industrial issues between the employer and its employees.

The primary legal issue before the court was whether the agreement met the statutory requirements for registration under the Fair Work Act. This involved an assessment of whether the agreement had been made in good faith, whether it contained the necessary terms, and whether the process by which it was made was fair and appropriate. Additionally, the court had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The court found that the agreement was made in good faith and contained the necessary terms required by the Fair Work Act. The process by which the agreement was reached was deemed to be fair and appropriate, as it involved genuine negotiation between the parties. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations, thereby meeting all the criteria for registration. Consequently, the court approved the Fenner Dunlop [Townsville] Agreement 2015 as a registered agreement.

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