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
(AG2020/2198)

FENNER DUNLOP (FOOTSCRAY MAINTENANCE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 AUGUST 2020

Application for approval of the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2020 (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 Agreement lodged contained highlighting and a watermark on each page. On 17 August 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] I observe that clause 37 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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.

[7] The Agreement was approved on 28 August 2020 and, in accordance with s.54, will operate from 4 September 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved an application by Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, to the Fair Work Commission for the approval of the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2020. The dispute was primarily about whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered by the Commission. The Commission was tasked with ensuring that the agreement complied with the legislative framework governing enterprise agreements.

The legal issues centred on whether the Enterprise Agreement was a "genuine" agreement and whether it contained the necessary "protected action" provisions. The applicant argued that the agreement was genuine and had been made without any duress, undue influence, or coercion. The Commission had to determine if the agreement had been genuinely negotiated between the employer and the employees and whether it contained the necessary provisions as stipulated by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement included the mandated protected action provisions that ensure employees' rights and protections.

The Fair Work Commission found that the Enterprise Agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and contained all the necessary protected action provisions. The applicant had provided sufficient evidence to demonstrate that the agreement had been made without any undue influence or coercion. Consequently, the Commission approved and registered the agreement, finding that it was compliant with the statutory requirements and was in the best interests of the employees.

The final orders of the Commission included the approval and registration of the Fenner Dunlop (Footscray Maintenance) Enterprise Agreement 2020. The Commission's decision confirmed that the agreement was a genuine enterprise agreement and met all the necessary statutory requirements for approval under the Fair Work Act. This decision provided legal certainty to both the employer and the employees regarding the terms and conditions of their 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