Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions

[2014] FWCA 6862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2014/7508)

FENNER DUNLOP MANUFACTURING (KWINANA) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop Manufacturing (Kwinana) Enterprise 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/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.

[3] 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.

[4] The Agreement was approved on 30 September 2014 and, in accordance with s.54, will operate from 7 October 2014. The nominal expiry date of the Agreement is 6 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, and the Australian Manufacturing Workers' Union. The dispute arose regarding the approval of the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2014. The case was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes.

The primary legal issues before the Commission were whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained minimum terms as required by the Act and if it complied with procedural requirements, such as proper notification and the opportunity for employees to be represented.

The Fair Work Commission examined the contents of the Enterprise Agreement and found that it contained all the minimum terms required by the Fair Work Act. The agreement was also found to have been properly notified to the employees and that they had an opportunity to be represented. The Commission concluded that the agreement met all the necessary legal standards for approval. The application for approval was therefore granted.

As a result of the Commission's decision, the Fenner Dunlop Manufacturing (Kwinana) Enterprise Agreement 2014 was approved and is now in effect. The terms of the agreement will govern the employment conditions of the relevant employees within the specified enterprise. The decision ensures that the agreement complies with the legislative framework governing enterprise agreements in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established