Ford Motor Company of Australia Pty Limited

[2022] FWCA 2862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ford Motor Company of Australia Pty Limited

(AG2022/3382)

Ford Australia Enterprise Agreement 2022 (General Salary Roll)

Vehicle industry
COMMISSIONER MIRABELLA	MELBOURNE, 22 AUGUST 2022

Application for approval of the Ford Australia Enterprise Agreement 2022 (General Salary Roll).

Ford Motor Company of Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2022 (General Salary Roll) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and The Association of Professional Engineers, Scientists and Managers, Australia, 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) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 22 August 2022 and, in accordance with s.54, will operate from 29 August 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ford Motor Company of Australia Pty Limited applied to the Fair Work Commission for the approval of the Ford Australia Enterprise Agreement 2022 (General Salary Roll). The applicant argued that the proposed agreement met the requirements under the Fair Work Act 2009. The applicant argued that the agreement provided for a fair and efficient workplace, and was made in good faith.

The court was required to determine if the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for minimum entitlements, was made in good faith, and whether it met the requirements for a single, integrated enterprise agreement.

The court found that the proposed agreement met the criteria for approval. The court found that the agreement provided for minimum entitlements, was made in good faith, and was a single, integrated enterprise agreement. The court considered the evidence presented by both parties and found that the agreement was fair and reasonable. The court approved the Ford Australia Enterprise Agreement 2022 (General Salary Roll).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established