FENNER CONVEYORS & UWU (FOOTSCRAY MANUFACTURING) ENTERPRISE AGREEMENT 2025

Application for approval of the Fenner Conveyors & UWU (Footscray Manufacturing) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Fenner Conveyors & UWU (Footscray Manufacturing) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fenner Conveyors T/A Fenner Dunlop Australia Pty Ltd. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 January 2026. The nominal expiry date of the Agreement is 31 August 2028.

[5] On 19 December 2025, I wrote to the parties, advising that:

"The Commissioner notes the decision of the Full Court of the Federal Court in [2025] FCAFC 187 (attached). The Commissioner considers the effect of the decision to be that the underlying Modern Award does not contain a delegates' rights term as defined in the Act. This has consequences for whether clauses 53-56 of the Agreement also meet that definition, having regard to the savings mechanism in clause 53.2. The Commissioner considers that the absence of a delegates' rights term is a defect that is capable of being remedied by variation pursuant to section 218A of the Act, in conjunction with the approval decision.

The parties are invited to consider paragraphs [109]-[110] of the Court's decision and consider proposing an amended clause which provides for the exercise of:

1. a right to represent the industrial interests of members and persons eligible to be members working in the enterprise; and;
2. a right to reasonably communicate with those persons in relation to their industrial interests."

[6] The Applicant and the United Workers Union confered and provided to the Commission suggested amendments to clause 53.1 and 53.2 of the Agreement that they considered, if inserted into the Agreement by way of variation, would address the defect identified. The amendements proposed were as follows:

53.1 The Employer recognises the Union delegates who are elected by the employees as the on-site representatives of the Union.

53.1.1 A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate. A workplace delegate is entitled to represent the industrial interests of all eligible employees in the enterprise, whether employed by the Employer or not.

51.1.2 A workplace delegate may communicate with eligible employees for the purposes of representing their industrial interests, and in relation to their industrial interests.

53.1.3 The employer must provide a workplace delegate with access to or use of workplace facilities required to perform their role, including a meeting room, a noticeboard, internet, email, a lockable filing cabinet and office facilities.

53.2 If at any stage during of the life of this Agreement, a term, or part of a term, in the Modern Award that absent this Agreement would cover a workplace delegate confers an additional or more favourable entitlement to a workplace delegate than what they are entitled to under this Agreement, that term, or part of a term, shall be incorporated as an additional term into this Agreement. For the avoidance of doubt, the part of the term that is more favourable to the relevant workplace delegate(s) shall prevail to the extent of any inconsistency.

[7] I am satisfied that the amendments to Clause 53.1 and 53.2 of the Agreement should be made and that it is appropriate to do so pursuant to section 218A of the Act. The corrections to clause 53.1 and 53.2 are made in accordance with the corrected copy of the Agreement, filed by the Employer on 16 January 2026.

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