Denso Automotive Systems Australia Pty Ltd Summary

[2014] FWCA 5979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Denso Automotive Systems Australia Pty Ltd
(AG2014/6762)

DENSO AUTOMOTIVE SYSTEMS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 AUGUST 2014

Application for approval of the DENSO Automotive Systems Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DENSO Automotive Systems Australia Pty Ltd 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 Denso Automotive Systems 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 Agreement was approved on 29 August 2014 and, in accordance with s.54, will operate from 5 September 2014. The nominal expiry date of the Agreement is 16 July 2018.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

Denso Automotive Systems Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it had been fairly and properly negotiated. The Commission was tasked with determining if the agreement met the necessary standards for approval.

The primary legal issues involved whether the agreement was genuinely a product of bargaining free from any form of duress or coercion, and whether it provided for the proper classification of employees and their entitlements. The court also had to consider whether the agreement satisfied the procedural requirements set out in the Fair Work Act 2009.

The Commission found that the agreement had been fairly negotiated and that all procedural requirements were met. It was determined that the agreement was genuine and provided for proper classification and entitlements of employees. The Commission approved the enterprise agreement, finding it met the necessary legislative standards.

No further orders were made by the Commission. The enterprise agreement was approved, and it came into effect as per its terms.

Denso Automotive Systems 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