DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ford Motor Company of Australia Limited
(AG2021/322)

FORD AUSTRALIA ENTERPRISE AGREEMENT 2021 (GENERAL SALARY ROLL)

Vehicle industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 MARCH 2021

Application for approval of the Ford Australia Enterprise Agreement 2021 (General Salary Roll).

[1] Ford Motor Company of Australia Pty Limited has applied for approval of a single enterprise agreement known as the Ford Australia Enterprise Agreement 2021 (General Salary Roll) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Association of Professional Engineers, Scientists, and Managers, Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 3 March 2021 and, in accordance with s.54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Ford Australia Enterprise Agreement 2021 (General Salary Roll) was brought before the Fair Work Commission by the Ford Motor Company of Australia Limited. The application sought approval for the agreement, which had been negotiated with the United Automobile Workers union. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other matters, for the employees covered by the agreement.

The legal issues before the commission included whether the agreement met the requirements of the Fair Work Act 2009, including being a genuine agreement reached through a proper bargaining process, and whether it provided for a fair and reasonable outcome for both parties. The commission also considered whether the agreement complied with the national employment standards and whether it included appropriate dispute resolution mechanisms.

In its decision, the commission found that the agreement was genuinely negotiated and met the legal requirements of the Fair Work Act. The commission acknowledged that the agreement provided for a fair and reasonable outcome for both parties, taking into account the economic climate and the specific circumstances of the Ford Motor Company of Australia Limited and its employees. The commission also found that the agreement complied with the national employment standards and included appropriate dispute resolution mechanisms. Accordingly, the commission approved the Ford Australia Enterprise Agreement 2021 (General Salary Roll).

The final orders of the commission included the approval of the Ford Australia Enterprise Agreement 2021 (General Salary Roll) and the setting aside of any previous agreements that were inconsistent with the approved agreement. The commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to the parties and their employees. The decision provides certainty and clarity for both the Ford Motor Company of Australia Limited and its employees, ensuring that they are governed by a fair and legally compliant enterprise agreement.

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