DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2014/8018)

FENNER DUNLOP (TOWNSVILLE) AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Fenner Dunlop (Townsville) Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Fenner Dunlop (Townsville) Agreement 2014 (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/as Fenner Dunlop Engineered Conveyor Solutions (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking attached to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking 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 9 December 2014. The nominal expiry date of the Agreement is 8 December 2015.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, sought approval of the Fenner Dunlop (Townsville) Agreement 2014. The dispute arose from the negotiation process and the content of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions of certain employees within the Townsville operations. The case was heard by the Fair Work Commission, a body established under the Fair Work Act 2009 to adjudicate on workplace relations matters.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and if it complied with the statutory requirements under the Fair Work Act. Specifically, the applicant needed to demonstrate that the agreement was negotiated in good faith, covered the requisite matters, and did not discriminate against any employees. The applicant also had to provide evidence that the agreement was supported by a majority of the relevant employees.

The Commission found that the applicant had satisfied the requirements for genuine negotiation and that the agreement was supported by a majority of the employees. The Commission noted that the applicant had provided comprehensive evidence of the negotiation process, including the involvement of employee representatives and the steps taken to ensure a fair and transparent process. Furthermore, the content of the agreement was deemed to comply with the legislative framework, covering the necessary matters and not containing any discriminatory provisions. Consequently, the Commission approved the Fenner Dunlop (Townsville) Agreement 2014.

In light of the findings, the Commission approved the agreement, paving the way for its implementation. The decision underscores the importance of a thorough negotiation process and compliance with statutory requirements when seeking approval of enterprise agreements under the Fair Work Act.

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