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

[2014] FWCA 5265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2014/1950)

FENNER DUNLOP (GLADSTONE) AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 AUGUST 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Gladstone) 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[4] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 1 November 2014. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions and its employees. The company sought approval for the Fenner Dunlop (Gladstone) Agreement 2014, which aimed to establish a framework for the employees' terms and conditions of employment. The dispute centred around whether the proposed agreement complied with the relevant industrial laws and whether it provided fair and reasonable terms for the employees.

The court was required to determine whether the agreement met the necessary statutory requirements, including whether it was made in good faith, whether it provided for the proper classification of employees, and whether it included terms that were fair and reasonable. The court also had to consider whether the agreement would have a detrimental effect on the employees and whether it was consistent with the broader objectives of the industrial relations system.

In its decision, the court carefully examined the proposed agreement and considered submissions from both Fenner Dunlop and the employees. The court found that the agreement was made in good faith and did not unfairly disadvantage the employees. It concluded that the agreement provided for appropriate classifications and terms that were fair and reasonable. The court also noted that the agreement was consistent with the broader objectives of the industrial relations system and would not have a detrimental effect on the employees.

The court approved the Fenner Dunlop (Gladstone) Agreement 2014, paving the way for its implementation. The decision emphasised the importance of fair and reasonable terms in industrial agreements and the need for such agreements to be made in good faith. The approval of the agreement also highlighted the role of the court in ensuring that industrial relations laws were properly applied and that the interests of both employers and employees were protected.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established