DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ford Motor Company of Australia Limited
(AG2017/4699)

FORD AUSTRALIA ENTERPRISE AGREEMENT 2017 (VEHICLE DIVISION)

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2018

Application for approval of the Ford Australia Enterprise Agreement 2017 (Vehicle Division).

[1] An application has been made for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2017 (Vehicle Division) (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 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

The parties in this case were Ford Motor Company of Australia Limited, along with its employees represented by the Australian Manufacturing Workers' Union. The nature of the dispute was an application for the approval of the Ford Australia Enterprise Agreement 2017 (Vehicle Division). The court involved was the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements in Australia.

The legal issues before the court were whether the enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it was made in good faith and without coercion. The court had to consider whether the agreement was fair and reasonable, and if it appropriately balanced the interests of both employers and employees. Additionally, the court examined the process by which the agreement was made to ensure it complied with procedural fairness.

The court found that the enterprise agreement was fair and reasonable and was made in good faith. The process by which the agreement was negotiated and finalised was deemed to be transparent and inclusive of all relevant parties. The court was satisfied that the agreement appropriately balanced the interests of the employer and employees and complied with all statutory requirements. The court approved the Ford Australia Enterprise Agreement 2017 (Vehicle Division) as it met all necessary legal standards and did not unfairly disadvantage either party.

The final orders of the court were the approval of the Ford Australia Enterprise Agreement 2017 (Vehicle Division) as a registered agreement under the Fair Work Act 2009. The agreement was to be effective from the date of the approval and would apply to the employees covered by the agreement. The court's approval ensured that the terms of the agreement would be legally binding and enforceable between the parties.

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