Ferretti International Ottoway Pty Ltd Summary

[2021] FWCA 7034

FAIR WORK COMMISSION

DECISION

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

Ferretti International Ottoway Pty Ltd
(AG2021/8636)

FERRETTI INTERNATIONAL OTTOWAY PTY LTD (ADELAIDE) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 9 DECEMBER 2021

Application for approval of the Ferretti International Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Ferretti International Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ferretti International Ottoway Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 December 2021.

[3] The Applicant has submitted an undertaking in the required form dated 8 December 2021. The undertaking deals with the following topics:

• The commencement of the Agreement occurring 7 days after approval pursuant to s 54(1)(a) of the Act.

• The model flexibility term will be included for the term of the Agreement.

• The reference to annual leave defined as 20 hours will have the same meaning as 4 weeks.

• The notification of employee’s may be a time after the leave has started in accordance with s 107(2)(a) of the Act.

• The entitlement for compassionate leave is extended to when an employee, their spouse, or de-facto partner has a miscarriage or gives birth to a still born child.

• Despite clause 25(e) notice will be payable unless the employee has engaged in serious misconduct defined in the Fair Work Regulations 2009.

• The minimum engagement hours for casual employees, those casual employees will be engaged for a minimum of 3 hours.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[5] 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.

[6] 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.

[7] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of an application for the approval of the Ferretti International Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2021, the Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The application was brought by the employer, Ferretti International Ottoway Pty Ltd, and the agreement sought to govern the employment conditions of the company's employees in Adelaide.

The central legal issues before the Commission were whether the agreement provided for minimum terms and conditions, whether it had been made in good faith, and whether it had been appropriately certified by the relevant union or certified alternative process. The Commission had to consider the provisions of the Fair Work Act, the nature of the agreement, and the process through which it had been negotiated and certified.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met all the necessary statutory requirements. It was determined that the agreement provided for the minimum terms and conditions, had been made in good faith, and had been certified by the relevant union in accordance with the procedures outlined in the Fair Work Act. The Commission approved the agreement, finding it to be fair and reasonable in all aspects. As a result, the agreement was registered and would govern the employment conditions of the employees covered by it.

Ferretti International Ottoway Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established