Ferno Australia Pty Ltd

[2013] FWCA 1206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ferno Australia Pty Ltd
(AG2013/4386)

FERNO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT

Commercial sales
COMMISSIONER BOOTH	BRISBANE, 27 FEBRUARY 2013

Application for approval of the Ferno Australia Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of a single enterprise agreement known as the Ferno Australia Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ferno Australia Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 15 January 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] In addition, the Applicant has sought to correct a typographical error in the Agreement. The correction requires the deletion of Attachment A and insertion of Annexure A. I am satisfied that the Agreement contains a typographical error and that it should be corrected pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2013. The nominal expiry date of the Agreement is 17 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Ferno Australia Pty Ltd, a company engaged in the manufacture of patient transport equipment, faced a legal challenge regarding the approval of its enterprise agreement. The Australian Manufacturing Workers' Union, representing the employees, lodged an application seeking approval of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary statutory criteria.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and whether it appropriately covered the required minimum terms and conditions. Specifically, the court had to ascertain if the agreement adhered to the provisions concerning minimum wages, penalties for unlawful termination, and other essential employee protections. Additionally, the Commission assessed whether the agreement was genuinely negotiated and whether it provided for proper dispute resolution mechanisms.

In reaching its decision, the Commission meticulously reviewed the contents of the enterprise agreement against the statutory requirements. The Commission found that the agreement did indeed meet the necessary legislative standards, providing adequate protections for employees and ensuring compliance with the Fair Work Act 2009. The Commission also determined that the agreement had been genuinely negotiated and contained appropriate provisions for dispute resolution. Consequently, the Commission approved the enterprise agreement, paving the way for its implementation.

The final orders of the Commission included the approval of the Ferno Australia Pty Ltd Enterprise Agreement, which would now govern the terms and conditions of employment for the relevant employees. The Commission's decision provided clarity and certainty to both the company and its workforce, allowing the enterprise agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established