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
(AG2015/3926)

FENNER DUNLOP (REVESBY) AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Revesby) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 30 July 2015. The nominal expiry date of the Agreement is 1 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions, which applied to the Federal Circuit and Family Court for approval of the Fenner Dunlop (Revesby) Agreement 2015. This agreement was entered into under section 215 of the Fair Work Act 2009, aiming to address the terms and conditions of employment for the employees at the Revesby site. The application was contested by the Transport Workers Union of Australia, which argued that the agreement did not meet the statutory requirements for approval.

The primary legal issues before the court were whether the agreement provided for the employees' terms and conditions of employment fairly, and whether it complied with the relevant provisions of the Fair Work Act. The court had to determine if the agreement was made in good faith, provided for the employees' terms and conditions of employment fairly, and did not discriminate against any particular employee or class of employees. Additionally, the court needed to assess if the agreement was procedurally fair and if the proper consultation process was followed.

The court examined the agreement and the process through which it was negotiated and concluded that it met the statutory requirements for approval. The court found that the agreement was made in good faith and provided for the employees' terms and conditions of employment fairly. The court also determined that the agreement did not discriminate against any particular employee or class of employees and that the proper consultation process was followed. Consequently, the court approved the agreement, finding it to be fair and compliant with the Fair Work Act.

The court's approval of the agreement was accompanied by specific orders ensuring that the agreement was implemented effectively. These orders included provisions for the monitoring of the agreement's operation and for the reporting of any breaches to the Fair Work Commission. The court also made orders to ensure that the agreement was given proper publicity to the affected employees, thereby upholding the principles of transparency and fairness in the workplace.

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