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austlii:cth/FWCA/2017/6773
mixed. The Agreement was approved and will operate from 22 December 2017 with a nominal expiry date of 24 July 2019. The undertakings were accepted. The Agreement covers the AMWU.
The Fair Work Commission approved an enterprise agreement for Fenner Dunlop Australia Pty Ltd covering its Mackay operations. The company provided written undertakings to address any issues with the agreement, which the Commission accepted because they wouldn't disadvantage employees or substantially change the agreement. The Australian Manufacturing Workers' Union, which was involved in bargaining for the agreement, was also noted as being covered by it. The agreement will operate from 22 December 2017 until 24 July 2019.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
Application for approval of the Fenner Dunlop (Mackay) Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the Fenner Dunlop (Mackay) Agreement 2016 (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 Applicant 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 24 July 2019.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 22 December 2017 with a nominal expiry date of 24 July 2019. The undertakings were accepted. The Agreement covers the AMWU.