DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferro Corporation (Aust.) Pty Ltd
(AG2016/3347)

FERRO CORPORATION (AUST.) PTY LTD ENTERPRISE AGREEMENT 2015

Scientific services
COMMISSIONER LEE	MELBOURNE, 7 JULY 2016

Application for approval of the Ferro Corporation (Aust.) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ferro Corporation (Aust.) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferro Corporation (Aust.) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Association of Professional Engineers, Scientists and Managers, Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ferro Corporation (Aust.) Pty Ltd, the Fair Work Commission was tasked with determining the approval of an Enterprise Agreement between the employer and the employees' union. The agreement in question was the Ferro Corporation (Aust.) Pty Ltd Enterprise Agreement 2015. The dispute arose due to objections from certain employees regarding the terms and conditions proposed in the agreement, which sought to establish a new framework for employment relations within the company.

The central legal issues the commission needed to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it provided adequate protections and benefits to the employees. Specifically, the commission had to consider whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was fair and reasonable in all its aspects. Furthermore, the commission needed to assess the process through which the agreement was formed, ensuring it complied with the necessary procedural fairness.

The commission examined the submissions from both parties, the evidence presented, and the broader implications of the proposed agreement. It determined that the agreement met the statutory requirements for approval. The commission found that the agreement was made in good faith, contained the necessary minimum terms and conditions, and was fair and reasonable. The process through which the agreement was formed was also found to comply with procedural fairness. Consequently, the commission approved the Ferro Corporation (Aust.) Pty Ltd Enterprise Agreement 2015, thereby resolving the dispute in favour of the employer.

Ferro Corporation (Aust.) 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