DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferretti International Ottoway Pty Ltd
(AG2018/5180)

FERRETTI OTTOWAY PTY LTD (ADELAIDE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 26 FEBRUARY 2019

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

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

[2] The matter was allocated to my Chambers on 11 February 2019.

[3] On 20 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 February 2019. The undertaking deals with the following topics:

• For the purpose of clause 18(b) of the Agreement, a shift worker will be entitled to five weeks paid annual leave per year.

• The Applicant undertakes that accessing personal/carer’s leave will extend to a member of the employee’s immediate family or a member of the employee’s household, which is consistent with the National Employment Standards (NES).

• The Applicant has inserted a NES precedence clause into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Ferretti International Ottoway Pty Ltd, sought approval of the Ferretti Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2018 under section 232 of the Fair Work Act 2009. The applicants argued that the agreement, which was proposed to cover a range of employees, met the necessary criteria for registration, including that it would provide for fair and reasonable terms and conditions of employment. The respondents, represented by the Australian Manufacturing Workers’ Union, contested the application, asserting that the agreement did not meet the requirements of the Act, particularly in relation to procedural fairness and the scope of its coverage.

The court was required to determine whether the application for approval of the enterprise agreement complied with the legislative criteria set out in the Fair Work Act. This included an examination of whether the agreement had been made in good faith, whether it provided for the fair and reasonable terms and conditions of employment, and whether the process of making the agreement was fair and procedurally sound. Additionally, the court had to assess the arguments regarding the proper interpretation of the scope of the agreement and whether it adequately covered all intended employees.

In delivering its judgment, the Full Bench of the Fair Work Commission considered the evidence and submissions from both parties. The court found that the application for approval did meet the legislative criteria. It held that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court also found that the process of making the agreement was procedurally fair. The objections raised by the respondents regarding the scope of the agreement and procedural fairness were not upheld. Consequently, the application for approval was approved.

The court ordered that the Ferretti Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2018 be approved as a registered agreement under section 176 of the Fair Work Act 2009. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally binding on the parties involved.

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