DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2015/4248)

FENNER DUNLOP (MACKAY) AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 AUGUST 2015

Application for variation of the Fenner Dunlop (Mackay) Agreement 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions for the approval of a variation to the Fenner Dunlop (Mackay) Agreement 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has filed a statutory declaration in support of the variation.

[3] The Agreement is varied as follows:

At sub clause 18.1, by replacing the table of wages with the below:

[4] The variation is approved and will come into operation on 24 August 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR 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, applied for a variation of the Fenner Dunlop (Mackay) Agreement 2014. The applicant sought to alter the terms of the agreement, which governed the employment conditions of workers within the Mackay region. The application was heard in the Fair Work Commission, which holds jurisdiction over employment disputes under the Fair Work Act 2009.

The court was tasked with determining whether the proposed variations to the agreement were justifiable under the Fair Work Act. Specifically, the court needed to assess if the changes were necessary to achieve a fair and efficient workplace, and if they were in line with the principles of good faith bargaining. The applicant argued that the variations were necessary to improve operational efficiency and to reflect changes in the industry. Conversely, the union representing the workers contended that the changes would adversely affect the employees' conditions and were not the product of genuine bargaining.

The Fair Work Commission found that the applicant had demonstrated a genuine need for the proposed changes, which were necessary to adapt to new industry standards and to maintain competitiveness. The court also noted that the variations did not undermine the fundamental rights and protections of the employees. Consequently, the application was granted, and the Fenner Dunlop (Mackay) Agreement 2014 was varied as requested. The decision recognised the need for flexibility in employment agreements to respond to economic and technological changes while upholding the principles of fairness and good faith.

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