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
(AG2021/6005)

FENNER DUNLOP (MACKAY) AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 15 JULY 2021

Application for approval of the Fenner Dunlop (Mackay) Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Mackay) Agreement 2021 (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 Conveyer Solutions (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2021. The nominal expiry date of the Agreement is 6 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, applied for approval of the Fenner Dunlop (Mackay) Agreement 2021. The applicant and the Australian Manufacturing Workers' Union were the parties involved in the dispute. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, to ensure it was in the best interests of the employees and compliant with the relevant legislation.

The central legal issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act for it to be considered in the best interests of the employees and whether it complied with the relevant provisions of the Act. The applicant argued that the agreement provided for fair and reasonable terms for the employees, while the union raised concerns about certain aspects of the agreement, including the classification of employees and the impact on their entitlements.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was in the best interests of the employees and complied with the relevant provisions of the Act. The Commission acknowledged that the agreement provided for fair and reasonable terms for the employees and that the union's concerns were adequately addressed. The Commission approved the agreement under section 234 of the Fair Work Act 2009.

As a result of the approval, the Fenner Dunlop (Mackay) Agreement 2021 became a registered agreement, and its terms and conditions were binding on the parties and their employees. The agreement provided for various matters, including wages and other remuneration, classification of employees, and dispute resolution mechanisms. The Commission's approval of the agreement ensured that the employees were protected by fair and reasonable terms and conditions of employment.

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