FUTURIS & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

[2014] FWCA 8241

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/7938)

FUTURIS & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the Futuris & National Union of Workers Enterprise Agreement 2014.

[1] The Decision issued on 19 November 2014 (PR557946 [2014] FWCA 8241), is corrected as follows:

1. By adding a new paragraph [6] as follows:

“The consultation term in clause 12 in the Agreement does not comply with s.205 of the Act. Therefore pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is appended as Appendix B.”

2. By re-numbering paragraph [6] as paragraph [7].

3. By adding the model consultation term, attached hereto, as Appendix B.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX B

CaseChat Overview and Summary

The case before the Fair Work Commission involved Futuris and the National Union of Workers, regarding the approval of an enterprise agreement. The agreement in question was the Futuris and National Union of Workers Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The Commission, led by Commissioner Ryan, was tasked with determining whether the agreement met the necessary requirements for approval. The primary concern was the compliance of the agreement with statutory provisions, particularly regarding consultation terms.

The legal issues the Commission had to address were centered around the validity of certain clauses in the enterprise agreement, specifically clause 12, which pertained to the consultation term. The Commission had to ascertain whether this term complied with the provisions of section 205 of the Fair Work Act 2009. Additionally, the Commission was required to consider whether any deficiencies in the agreement necessitated the inclusion of a prescribed model consultation term as outlined in the Fair Work Regulations 2009.

The Fair Work Commission found that clause 12 of the agreement did not comply with the statutory requirements under section 205 of the Act. Consequently, the Commission determined that the model consultation term, as prescribed by the Fair Work Regulations 2009, should be incorporated into the agreement. This decision was made pursuant to section 205(2) of the Act, which allows for the automatic adoption of the prescribed term when the original term does not meet legal standards. The corrected decision appended the model consultation term as Appendix B to the original decision.

The Fair Work Commission approved the Futuris and National Union of Workers Enterprise Agreement 2014, subject to the correction made to clause 12 by incorporating the model consultation term from the Fair Work Regulations 2009. The correction ensured that the agreement complied with the statutory requirements under the Fair Work Act 2009, thus making the agreement valid for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established