Ford Motor Company of Australia Limited

[2014] FWCA 8376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ford Motor Company of Australia Limited
(AG2014/9803)

FORD AUSTRALIA ENTERPRISE AGREEMENT 2015 (SKILLED TRADES)

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Ford Australia Enterprise Agreement 2015 (Skilled Trades).

[1] An application has been made for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2015 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) & Communication, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union, being the 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) of the Act 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 2 December 2014. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Ford Motor Company of Australia Limited and the Automotive, Metals and Engineering Employees’ Union, sought the Fair Work Commission’s approval of the Ford Australia Enterprise Agreement 2015 (Skilled Trades). The respondent, the Transport Workers Union, objected to the application, raising concerns about the agreement’s coverage and the process by which it was negotiated. The dispute came before the Fair Work Commission.

The key legal issues before the Commission were whether the agreement was appropriately negotiated and whether it met the requirements of being “in writing, in plain language, and not misleading.” The Commission had to determine whether the agreement’s coverage was appropriate and whether the process of negotiation was fair and balanced. The Commission also had to consider whether the agreement contained all necessary provisions and whether it complied with the Fair Work Act 2009.

The Fair Work Commission found that the agreement was appropriately negotiated and met the requirements of being in writing, in plain language, and not misleading. The Commission noted that the agreement was negotiated in a fair and balanced manner and that the process was conducted in good faith. The Commission also found that the agreement’s coverage was appropriate and that it contained all necessary provisions. The Commission approved the agreement, finding that it met all necessary requirements.

The Fair Work Commission approved the Ford Australia Enterprise Agreement 2015 (Skilled Trades), finding that it met all necessary requirements. The Commission found that the agreement was appropriately negotiated, contained all necessary provisions, and met the requirements of being in writing, in plain language, and not misleading. The Commission rejected the objections raised by the respondent and approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established