| [2018] FWCA 1875 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Ford Motor Company of Australia Limited
(AG2017/4698)
Ford Australia Enterprise Agreement 2017 (General Salary Roll)
| Vehicle industry | |
| Commissioner Lee | MELBOURNE, 4 APRIL 2018 |
Application for approval of the Ford Australia Enterprise Agreement 2017 (General Salary Roll).
An application has been made for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2017 (General Salary Roll) (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.
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.
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.
The Association of Professional Engineers, Scientists and Managers, Australia and “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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2018. The nominal expiry date of the Agreement is 31 December 2018.
COMMISSIONER
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Annexure A
- AGLC
- Ford Motor Company of Australia Limited [2018] FWCA 1875
- Case
- [2018] FWCA 1875
- Decision Date
CaseChat Overview and Summary
The legal issues involved assessing whether the agreement met the statutory criteria for being a "single-enterprise agreement" and whether it complied with procedural requirements, including adequate consultation with relevant employee representatives. Additionally, the court examined whether the agreement provided for appropriate protections for employees, including minimum rates of pay, conditions, and other entitlements. The court also considered whether the agreement was made in good faith and whether it had been fairly and properly negotiated.
The Fair Work Commission found that the proposed agreement satisfied the legislative requirements. The Commission determined that the agreement was a single-enterprise agreement, having been negotiated in good faith and adequately consulted with the relevant employee representatives. It was also determined that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements, that were consistent with the Fair Work Act 2009. Consequently, the Commission approved the Ford Australia Enterprise Agreement 2017 (General Salary Roll).
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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