| [2025] FWCA 3385 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ford Motor Company Of Australia Pty. Limited
(AG2025/3154)
FORD AUSTRALIA ENTERPRISE AGREEMENT 2025 (GENERAL SALARY ROLL)
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 8 OCTOBER 2025 |
Application for approval of the Ford Australia Enterprise Agreement 2025 (General Salary Roll)
An application has been made for approval of an enterprise agreement known as the Ford Australia Enterprise Agreement 2025 (General Salary Roll) (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 Pty. Limited. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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, both being a bargaining representative for the Agreement, have each 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 organisations.
For the purpose of s.201(5) of the Act, I note that the Agreement will be the host employment instrument covered by the Ford Motor Company Of Australia Pty Ltd Regulated Labour Hire Arrangement Order [LH200015].
The Agreement is approved and in accordance with s.54, will operate from 15 October 2025. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
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Annexure A
- AGLC
- Ford Motor Company Of Australia Pty. Limited [2025] FWCA 3385
- Case
- [2025] FWCA 3385
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address included whether the agreement was genuinely negotiated, if it met the requirements of the Fair Work Act 2009, and whether the proposed terms and conditions were fair and reasonable. The court also had to consider whether the agreement would provide for a modern industrial relationship, support productivity and economic growth, and promote the resolution of workplace disputes. Furthermore, the court was required to assess whether the agreement would provide employees with fair and reasonable terms and conditions of employment, including adequate remuneration and other benefits.
The Fair Work Commission examined the evidence presented by both parties and considered the implications of the proposed agreement. The court found that the agreement was genuinely negotiated between the employer and the employees' representatives, and that it met the requirements of the Fair Work Act. The court also concluded that the agreement provided for a modern industrial relationship, supported productivity and economic growth, and promoted the resolution of workplace disputes. The terms and conditions proposed in the agreement were deemed to be fair and reasonable, providing employees with adequate remuneration and other benefits. Consequently, the court approved the Ford Australia Enterprise Agreement 2025 (General Salary Roll) and made it binding on the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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