DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2021/5997)

FENNER DUNLOP (ADELAIDE) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2021

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

[1] Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions (the Applicant) has made an application for approval of an enterprise agreement known as the Fenner Dunlop (Adelaide) Enterprise Agreement 2021. (the Agreement) 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 ss.186, 187, 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, sought the approval of the Fair Work Commission (FWC) of the Fenner Dunlop (Adelaide) Enterprise Agreement 2021. The applicant and the respondent, the Australian Manufacturing Workers' Union, had negotiated this agreement as part of their enterprise bargaining processes. The dispute centred on whether the agreement met the legislative standards set out in the Fair Work Act 2009. The FWC was tasked with determining if the agreement was in the public interest and fair for all parties involved.

The primary legal issues before the FWC were whether the agreement provided for minimum terms and conditions that complied with the Fair Work Act, and whether the agreement contained appropriate dispute resolution mechanisms. Additionally, the FWC had to consider if the agreement was free from any illegal or unenforceable terms. The FWC examined the provisions of the agreement, the bargaining process, and the context in which the agreement was negotiated to ensure compliance with the statutory requirements.

After thorough examination, the FWC found that the agreement was fair and met the legislative standards. The FWC determined that the agreement provided for adequate minimum terms and conditions, and included appropriate dispute resolution mechanisms. The FWC also concluded that the agreement was free from any illegal or unenforceable terms. Based on these findings, the FWC approved the agreement. The FWC highlighted the importance of ensuring that such agreements are in the public interest and serve as a model for fair enterprise bargaining.

The FWC's final orders included the approval of the Fenner Dunlop (Adelaide) Enterprise Agreement 2021. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of the order. This decision sets a precedent for future enterprise agreements within the industry, emphasising the importance of meeting legislative standards and ensuring fairness in the bargaining process.

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