DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falck Victoria Pty Ltd
(AG2016/5399)

FALCK VICTORIA PTY LTD ENTERPRISE AGREEMENT (FORD SITES) 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Falck Victoria Pty Ltd Enterprise Agreement (Ford Sites) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Falck Victoria Pty Ltd Enterprise Agreement (Ford Sites) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Falck Victoria 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 10 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Falck Victoria Pty Ltd, which sought approval of its Enterprise Agreement with workers at Ford sites. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute arose from negotiations between Falck and the union representing the employees, leading to the submission of the proposed agreement for FWC's approval. The legal issues centred on whether the agreement complied with the Act, particularly concerning minimum entitlements, unfair dismissal provisions, and the process by which the agreement was formed. The FWC needed to ensure that the agreement did not disadvantage employees and was made in good faith, with proper consultation and negotiation.

The FWC began by examining the procedural aspects of the agreement's formation, ensuring that the process adhered to the requirements of the Act. It considered the nature of the bargaining and whether it was conducted in good faith. The FWC also assessed the substantive provisions of the agreement, including wage rates, working conditions, and dispute resolution mechanisms, to determine if they met or exceeded the minimum standards prescribed by the Act. Furthermore, the FWC evaluated whether the agreement included provisions that could be considered unfair to employees. In its analysis, the FWC took into account the economic context and the specific circumstances of the workplace.

After thorough consideration, the FWC concluded that the agreement was made in good faith and complied with the statutory requirements. The FWC found that the agreement provided for fair and reasonable terms, including adequate minimum entitlements and appropriate dispute resolution mechanisms. It was satisfied that the process by which the agreement was negotiated and formed met the standards set out in the Act. Consequently, the FWC approved the Falck Victoria Pty Ltd Enterprise Agreement (Ford Sites) 2016. The decision was made on the basis that the agreement did not disadvantage employees and provided a fair framework for the employment relationship.

Falck Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established