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
(AG2020/3556)

FENNER DUNLOP (FAIR NORTH QUEENSLAND) AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 17 DECEMBER 2020

Application for approval of the Fenner Dunlop (Far North Queensland) Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions (the Applicant) for approval of the Fenner Dunlop (Far North Queensland) Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 9 December 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant addressed the concerns raised on 11 December 2020. The employee bargaining representatives were provided with copies of the Applicant’s response and proposed undertakings.

[3] The matter was listed for eHearing at 12:30 pm on 17 December 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.4(b) – Redundancy

[6] However, noting clause 5(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the matter raised at paragraphs [4] - [6], 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 had been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2020. The nominal expiry date is 24 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The case before the Fair Work Commission involved Fenner Dunlop Australia Pty Ltd trading as Fenner Dunlop Engineered Conveyor Solutions, which sought approval of the Fenner Dunlop (Far North Queensland) Agreement 2020. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was a genuine bargain and complied with all relevant legal standards, while the respondent raised concerns about certain clauses.

The primary legal issue before the Commission was whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act 2009. This involved determining if the agreement had been made genuinely and fairly, and if it covered a specified group of employees. The Commission also needed to examine if the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Inherent Requirements of Employment) Act 2009.

The Commission found that the agreement had been genuinely and fairly made and was made in good faith. It was concluded that the agreement covered the specified group of employees and met all necessary criteria for approval. The Commission approved the Fenner Dunlop (Far North Queensland) Agreement 2020, finding it to be compliant with the relevant legislation. The decision was made in favour of the applicant, affirming the agreement's validity and legality.

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

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established