DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2019/4078)

FENNER DUNLOP & NUW (FOOTSCRAY MANUFACTURING) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 NOVEMBER 2019

Application for approval of the Fenner Dunlop & NUW (Footscray Manufacturing) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop & NUW (Footscray Manufacturing) Enterprise Agreement 2019 (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] 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.

[3] The United 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.

[4] The Agreement was approved on 12 November 2019 and, in accordance with s.54, will operate from 19 November 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, applied to the Fair Work Commission for approval of the Fenner Dunlop & NUW (Footscray Manufacturing) Enterprise Agreement 2019. The National Union of Workers (NUW) opposed the application. The dispute involved the terms and conditions of employment for employees covered by the proposed enterprise agreement.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act 2009, specifically sections regarding minimum entitlements, procedural fairness, and the protection of employee rights. The NUW argued that the proposed agreement did not adequately protect employee rights and failed to comply with procedural fairness requirements.

The Commission assessed the application by examining the content of the proposed agreement against the statutory requirements. It found that while there were some procedural shortcomings, these did not significantly impact the fairness of the agreement. The Commission concluded that the proposed agreement met the necessary statutory criteria and approved it. The Commission emphasised the importance of ensuring that employee rights were protected and that any procedural issues were addressed in future negotiations.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain conditions. These conditions included the requirement for the parties to address the identified procedural issues and to ensure compliance with minimum entitlements and employee rights in future negotiations.

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