austlii:cth/FWCA/2025/4338
General information, not legal advice.
FWCA
2025-12-17
Original judgment source is linked above.
s.185 - Enterprise agreement
Fenner Dunlop Australia Pty Ltd Trading AS Fenner Conveyors
FENNER CONVEYORS [MACKAY] ENTERPRISE AGREEMENT 2025
Application of the approval of the Fenner Conveyors [Mackay] Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Fenner Conveyors [Mackay] 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 Dunlop Australia Pty Ltd Trading AS Fenner Conveyors (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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] I note the undertakings were provided in relation to the following:
Clause 46: Supplementary Payment
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 June 2028.
Printed by authority of the Commonwealth Government Printer