DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2015/4961)

FENNER DUNLOP GLADSTONE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 SEPTEMBER 2015

Application for approval of the Fenner Dunlop Gladstone Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop Gladstone 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.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 was approved on 18 September 2015 and, in accordance with s.54, will operate from 1 November 2015. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, to the Fair Work Commission for the approval of the Fenner Dunlop Gladstone Agreement 2015. This agreement was designed to resolve a pay dispute between the employer and certain employees at the Gladstone site. The employees, represented by the Australian Manufacturing Workers Union, were concerned about the implications of the agreement on their pay and conditions. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009, considering factors such as the agreement's fairness, the representation of the parties involved, and compliance with relevant industrial laws.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable, considering the interests of both the employees and the employer. The Commission had to assess the terms of the agreement, including any potential impact on employees' pay and conditions, and determine if the agreement met the legal criteria for approval. Additionally, the Commission needed to confirm that the agreement was genuinely negotiated and that there was adequate representation of the employees during the negotiation process. The Commission also had to consider whether the agreement would result in employees being worse off overall compared to their previous conditions.

In its decision, the Fair Work Commission found that the Fenner Dunlop Gladstone Agreement 2015 was fair and reasonable. The Commission noted that the agreement provided for improvements in pay and conditions for the employees, despite some reductions in base rates. The Commission concluded that the overall benefits to the employees outweighed any detriments, and the agreement did not result in employees being worse off. The Commission was satisfied that the agreement was genuinely negotiated and that the employees were adequately represented. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission ordered that the Fenner Dunlop Gladstone Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and apply to the relevant employees at the Gladstone site. The decision confirmed the validity of the agreement and its terms, providing a resolution to the pay dispute between Fenner Dunlop Australia Pty Ltd and the employees. The Commission's approval ensured that the agreement could be implemented, offering both parties a framework for future industrial relations at the Gladstone site.

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