Tony Farrugia Bodyworks Pty Ltd

[2023] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tony Farrugia Bodyworks Pty Ltd

(AG2023/2438)

TONY FARRUGIA BODYWORKS ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JULY 2023

Application for approval of the Tony Farrugia Bodyworks Enterprise Agreement 2023

Tony Farrugia Bodyworks Pty Ltd has made an application for approval of an enterprise agreement known as the Tony Farrugia Bodyworks Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 31 July 2023 and, in accordance with s 54, it will operate from 7 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Tony Farrugia Bodyworks Pty Ltd case involved the applicant, Tony Farrugia Bodyworks, seeking approval of their Enterprise Agreement 2023. The dispute arose as the company and their employees' union sought to have the agreement recognised under the Fair Work Act 2009. The Federal Circuit and Family Court of Australia was tasked with reviewing and approving the agreement.

The court was required to decide whether the agreement met the requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for minimum terms and conditions of employment, including minimum wages, penalties, leave entitlements, and other terms; whether it provided for a proper process for the resolution of disputes; and whether it was made in good faith and without coercion. Additionally, the court needed to assess if the agreement was fair and balanced, taking into account the interests of both employers and employees.

The court reviewed the terms and conditions of the Enterprise Agreement 2023, noting that it provided for minimum wages and leave entitlements in line with the relevant awards. It also found that the agreement included a dispute resolution process and was made in good faith. The court concluded that the agreement was fair and balanced, taking into consideration the interests of both parties. As a result, the court approved the Tony Farrugia Bodyworks Enterprise Agreement 2023.

The final orders of the court included the approval of the Tony Farrugia Bodyworks Enterprise Agreement 2023. The court noted that the agreement would now be registered with the Fair Work Commission, and it would be binding on both the company and the employees covered by the agreement. The approval marked the conclusion of the application process, ensuring that the agreement would provide a fair and balanced framework for employment terms and conditions going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established