Aisin (Australia) Pty Ltd

[2014] FWCA 6557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aisin (Australia) Pty Ltd
(AG2014/6843)

AISIN AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Aisin Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aisin 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 Aisin (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aisin (Australia) Pty Ltd is a company that operates in the automotive industry. It applied to the Fair Work Commission for approval of the Aisin Agreement 2014, which is an enterprise agreement. The application was opposed by the Automotive, Metals and Engineering Union. The dispute was heard in the Fair Work Commission, with the primary focus being the fairness and compliance of the proposed agreement with relevant labour laws.

The legal issues that the court had to address were whether the agreement met the criteria for being an enterprise agreement under the Fair Work Act 2009 and whether it was made in good faith and without coercion, as required by the Act. The court also had to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees covered by it.

The court examined the evidence presented by both parties and found that the Aisin Agreement 2014 was made in good faith and without coercion. It also found that the agreement provided fair and reasonable terms and conditions of employment for the employees. The court considered the process by which the agreement was negotiated and the fact that it was supported by a majority of the employees. The court was satisfied that the agreement met the legal requirements for approval.

In light of the findings, the court approved the Aisin Agreement 2014, allowing it to come into effect. The court acknowledged the need for the company to operate efficiently while also ensuring that the employees' rights and interests were protected. The approval of the agreement was seen as a balanced outcome that took into account the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established