Tony Farrugia Bodyworks Pty Ltd Summary

[2018] FWCA 3471

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tony Farrugia Bodyworks Pty Ltd

(AG2018/203)

Tony Farrugia Bodyworks Enterprise Agreement 2017

Australian Capital Territory
Commissioner Lee	MELBOURNE, 13 JUNE 2018

Application for approval of the Tony Farrugia Bodyworks Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Tony Farrugia Bodyworks Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tony Farrugia Bodyworks Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 12 June 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case of Tony Farrugia Bodyworks Pty Ltd involved an application for the approval of the Tony Farrugia Bodyworks Enterprise Agreement 2017. The applicant was Tony Farrugia Bodyworks Pty Ltd, and the respondents were the Automotive, Metals and Engineering Employees Union and the Automotive, Metals and Engineering Employees Association. The dispute centred on the terms of the enterprise agreement and whether they complied with the necessary legislative requirements. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the necessary standards under the Fair Work Act 2009, particularly regarding the procedural fairness and the coverage of the agreement. The court had to consider whether the agreement was made in good faith and whether it was properly certified. Additionally, the court needed to determine if the agreement adequately provided for the employees' wages, conditions, and other terms of employment.

The Fair Work Commission found that the application for approval of the enterprise agreement was valid and that the agreement met the necessary standards. The court emphasised that the agreement was made in good faith and was properly certified. The commission also noted that the agreement provided for the employees' wages, conditions, and other terms of employment, as required by the Fair Work Act 2009. The court concluded that the agreement was fair and reasonable, and therefore approved the application for approval of the Tony Farrugia Bodyworks Enterprise Agreement 2017.

As a result of the court's decision, the Tony Farrugia Bodyworks Enterprise Agreement 2017 was approved and came into effect. The agreement now legally binds the employer and the employees, outlining their respective rights and obligations. The approval of the agreement ensures that the employees are provided with fair and reasonable terms of employment, as required by the Fair Work Act 2009.

Tony Farrugia Bodyworks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established