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

Fenner Dunlop Australia Pty Ltd, trading as Fenner Dunlop Engineered Conveyor Solutions, applied to the Fair Work Commission for the approval of the Fenner Dunlop - Maintenance (Footscray) Enterprise Agreement 2014. The application arose under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered enterprise agreement. The primary dispute centred on whether the agreement met the statutory criteria for registration, including that it was made in good faith and without compulsion, and that it contained the essential elements required by the Act.

The Commission was tasked with determining whether the agreement complied with the statutory requirements for registration, including assessing the process by which the agreement was formed. This involved scrutinising the negotiations and whether they were conducted in good faith and without coercion. Furthermore, the Commission had to ensure that the agreement included all the prescribed terms and conditions, such as minimum rates of pay, classification of employees, and other specified provisions. The applicant's burden was to demonstrate that the agreement was fair and balanced and that it adhered to the legislative framework.

After thorough consideration of the evidence and submissions, the Commission found that the agreement was made in good faith and without any form of coercion. The agreement contained all the prescribed terms and was fair and reasonable. The Commission approved the agreement, finding that it met all the necessary criteria for registration under the Fair Work Act. The decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and contained all the required elements. The applicant's application was thus successful.

The Fair Work Commission approved the Fenner Dunlop - Maintenance (Footscray) Enterprise Agreement 2014 as a registered enterprise agreement. The Commission's approval signified that the agreement complied with the statutory requirements for registration and was fair and reasonable. The agreement was registered under the Fair Work Act 2009, effective from the date of the Commission's decision.