DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ford Motor Company of Australia Limited
(AG2017/6246)

FORD AUSTRALIA ENTERPRISE AGREEMENT 2017 (SKILLED TRADES)

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 14 MAY 2018

Application for approval of the Ford Australia Enterprise Agreement 2017 (Skilled Trades).

[1] An application has been made for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2017 (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 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] 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2018. The nominal expiry date of the Agreement is 31 July 2019.

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 2017 (Skilled Trades). The applicant was represented by counsel, and the Australian Manufacturing Workers' Union was the only other party. The Commission was required to determine whether the agreement was suitable for approval under the Fair Work Act 2009.

The applicant argued that the agreement was suitable for approval. The union opposed the application on several grounds, including that the agreement did not adequately protect employees from the imposition of changes to their employment conditions, and that it failed to provide for adequate pay progression. The union also argued that the agreement did not contain adequate dispute resolution provisions.

The Commission held that the agreement was suitable for approval. The Commission found that the agreement contained provisions that provided adequate protection for employees from the imposition of changes to their employment conditions. The Commission also found that the agreement contained adequate pay progression provisions. The Commission found that the dispute resolution provisions in the agreement were adequate, particularly given the existence of other mechanisms for the resolution of workplace disputes. The Commission was also satisfied that the agreement contained appropriate transitional provisions.

The Commission approved the agreement. The agreement is to be registered on the Register of Approved Agreements.

Ford Motor Company of Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established