Ford Motor Company of Australia Limited T/A Ford Motor Company of Australia Limited

[2020] FWCA 2326

[2020] FWCA 2326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ford Motor Company of Australia Limited T/A Ford Motor Company of Australia Limited
(AG2020/1185)

FORD AUSTRALIA ENTERPRISE AGREEMENT 2018 (GENERAL SALARY ROLL)

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MAY 2020

Application for variation of the Ford Australia Enterprise Agreement 2018 (General Salary Roll).

[1] An application has been made for approval of a variation to the Ford Australia Enterprise Agreement 2018 (General Salary Roll) (the Agreement). The application was made by Ford Motor Company of Australia Limited T/A Ford Motor Company of Australia Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[5] I note that clause 6.3.2(b), 7.5.7(c) and 13.11 of the Agreement may contain an unlawful term or unpermitted matter pursuant to s 194 of the Act and therefore may be unenforceable, it is noted however that this is not a matter that goes to the Approval of the Agreement.

[6] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 16 April 2019. Those undertakings form part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 5 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502966  PR718793>