Futuris Automotive Interiors (Australia) Pty Ltd Summary

[2014] FWCA 3545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Futuris Automotive Interiors (Australia) Pty Ltd
(AG2014/6054)

FUTURIS AUTOMOTIVE INTERIORS (AUSTRALIA) PTY LTD (HUME HIGHWAY) ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MAY 2014

Application for approval of the Futuris Automotive Interiors (Australia) Pty Ltd (Hume Highway) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Futuris Automotive Interiors (Australia) Pty Ltd (Hume Highway) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Futuris Automotive Interiors (Australia) Pty Ltd. 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), being a bargaining representative for the Agreement, has 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 organisation.

[5] The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has 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 organisation.

[6] The National Union of Workers, being a bargaining representative for the Agreement, has 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 organisation.

[7] The Agreement was approved on 28 May 2014 and, in accordance with s.54, will operate from 4 June 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Futuris Automotive Interiors (Australia) Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Futuris Automotive Interiors (Australia) Pty Ltd (Hume Highway) Enterprise Agreement 2014. The application arose in the context of the company's operations, which involved the manufacture of automotive interiors. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration.

The primary legal issues before the Commission involved whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and the content of the agreement. Specifically, the Commission had to consider if the agreement was made in accordance with the relevant bargaining and procedural requirements, and if it contained terms that were fair and reasonable. The Commission also examined whether the agreement covered all relevant employees and if it appropriately addressed minimum entitlements and conditions.

In evaluating the application, the Commission considered the evidence provided by both parties, including submissions and witness testimonies. The Commission found that the agreement was made in good faith, with all mandatory bargaining requirements satisfied. It was determined that the agreement's terms were fair and reasonable, as they appropriately balanced the interests of both the employer and the employees. The Commission concluded that the agreement met all legislative criteria for approval and was in the best interests of the employees it covered.

The Commission approved the enterprise agreement, thereby enabling its registration and enforcement. This decision provides clarity for both Futuris Automotive Interiors (Australia) Pty Ltd and its employees, ensuring that the terms of employment are legally binding and appropriately reflect the negotiated conditions.

Futuris Automotive Interiors (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established