DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd t/a Fenner Dunlop Engineered Conveyor Solutions
(AG2015/6046)

FENNER DUNLOP (WOLLONGONG) AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Fenner Dunlop (Wollongong) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Wollongong) 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. 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 “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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions, sought approval of the Fenner Dunlop (Wollongong) Agreement 2015 under the Fair Work Act 2009. The dispute arose between the applicant, its employees, and the Australian Manufacturing Workers' Union (AMWU). The case was heard in the Federal Circuit Court of Australia. The applicant argued that the proposed agreement, which was to apply to employees at the Wollongong plant, was appropriate for making under section 186 of the Fair Work Act. The AMWU contested the application, asserting that the agreement did not meet the criteria for approval and that it was not in the best interests of the employees.

The court was tasked with determining whether the proposed agreement was suitable for making under the Fair Work Act, and if it was in the best interests of the employees. The applicant needed to demonstrate that the agreement contained terms and conditions that were fair and reasonable, and that the agreement had been made in good faith. The AMWU argued that certain provisions of the agreement were not in the best interests of the employees, particularly those relating to penalty rates and the classification of employees.

The court found that the applicant had demonstrated that the proposed agreement was appropriate for making under section 186 of the Fair Work Act. The court was satisfied that the agreement contained terms and conditions that were fair and reasonable, and that it had been made in good faith. The court also found that the agreement was in the best interests of the employees, despite the AMWU's objections. The court noted that the agreement provided for a structured process for resolving disputes and allowed for the possibility of future negotiations to address any concerns that arose.

The court approved the Fenner Dunlop (Wollongong) Agreement 2015, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The court ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the order.

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