DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ford Motor Company of Australia Limited
(AG2019/3323)

FORD AUSTRALIA ENTERPRISE AGREEMENT 2019 (SKILLED TRADES)

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2019

Application for approval of the Ford Australia Enterprise Agreement 2019 (Skilled Trades).

[1] An application has been made for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2019 (Skilled Trades) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ford Motor Company of Australia Limited. 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. The undertakings are taken to be a term of 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ford Motor Company of Australia Limited applied to the Fair Work Commission for approval of the Ford Australia Enterprise Agreement 2019 (Skilled Trades). The application was opposed by the United Voice union. The union contended that the agreement did not adequately protect employees' terms and conditions of employment, particularly regarding pay rates, shift penalties and other entitlements. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval. This included whether the agreement provided for the terms and conditions of employment and whether it was made in good faith and without coercion.

The Commission noted that the agreement was made after extensive and good faith negotiations between the parties. The Commission was satisfied that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not contrary to public interest. The Commission also found that the agreement provided for adequate protections for employees, including in relation to pay rates, shift penalties and other entitlements. The Commission noted that the agreement provided for a comprehensive dispute resolution process and mechanisms for addressing changes to the agreement in the future.

The Fair Work Commission approved the Ford Australia Enterprise Agreement 2019 (Skilled Trades). The union's application to oppose the agreement was dismissed. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and was made in good faith and without coercion. The Commission also found that the agreement provided for adequate protections for employees and was not contrary to public interest. The agreement will now be binding on all employees covered by the agreement.

Ford Motor Company of Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established