DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferretti International Ottoway Pty Ltd
(AG2018/5667)

FERRETTI INTERNATIONAL OTTOWAY PTY LTD (WHYALLA) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 23 APRIL 2019

Application for approval of the Ferretti International Ottoway Pty Ltd (Whyalla) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ferretti International Ottoway Pty Ltd (Whyalla) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferretti International Ottoway Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 April 2019 and, in accordance with s.54, will operate from 30 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ferretti International Ottoway Pty Ltd for the approval of the Ferretti International Ottoway Pty Ltd (Whyalla) Enterprise Agreement 2018. The primary dispute centred around the procedural fairness and compliance of the enterprise agreement with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was the product of genuine bargaining and that all necessary steps to ensure its fairness had been taken. The Commission was required to determine whether the enterprise agreement met the statutory criteria for approval, including whether it had been made in good faith and whether the required procedural steps were followed.

The key legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether the appropriate consultation and disclosure processes were undertaken. The applicant needed to demonstrate that the agreement reflected the outcomes of genuine negotiations and that all affected employees were given a reasonable opportunity to be involved in the bargaining process. Additionally, the Commission had to assess if the procedural fairness was maintained, including whether the necessary information was provided to the employees and if the agreement met the statutory requirements for approval.

In its decision, the Fair Work Commission found that the enterprise agreement was genuinely negotiated and that the procedural fairness was upheld. The Commission acknowledged the applicant's efforts in ensuring that the agreement reflected the outcomes of genuine negotiations. It was satisfied that the required consultation and disclosure processes were followed, and that all affected employees were given a reasonable opportunity to be involved in the bargaining process. Consequently, the Commission approved the Ferretti International Ottoway Pty Ltd (Whyalla) Enterprise Agreement 2018, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission's final order was that the Ferretti International Ottoway Pty Ltd (Whyalla) Enterprise Agreement 2018 be approved, effective from the date of the decision. This approval signifies that the agreement meets all the necessary legal criteria and can be implemented as intended by the parties involved. The decision provides clarity and certainty for both the employer and the employees regarding the terms and conditions of employment moving forward.

Ferretti International Ottoway 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