DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mitsubishi Motors Australia Limited
(AG2015/1355)

MITSUBISHI MOTORS AUSTRALIA LTD (SYDNEY PARTS DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2015

Application for approval of the Mitsubishi Motors Australia Ltd (Sydney Parts Distribution Centre) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Mitsubishi Motors Australia Ltd (Sydney Parts Distribution Centre) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitsubishi Motors Australia Limited (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Manufacturing Workers Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Mitsubishi Motors Australia Limited applied to the Fair Work Commission for approval of their Enterprise Agreement, which was concluded with a group of their employees represented by the Australian Manufacturing Workers Union. The dispute arose as the Australian Automobile, Transport and General Clerks’ and Assistants’ Union claimed the agreement did not comply with certain provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The Commission considered several legal issues, including whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and if it contained the necessary minimum entitlements as stipulated by the Act. Additionally, the Commission assessed whether the agreement was genuinely negotiated between the employer and the union, and whether it complied with the provisions concerning the protection of employees’ rights.

The Commission found that the agreement was fairly negotiated and contained provisions that met the minimum entitlements required by the Act. It was determined that the agreement provided for a fair and reasonable method of determining wages and other conditions, and it did not contravene any provisions of the Act. The Commission also concluded that the agreement was in the best interests of the employees, taking into account their overall rights and entitlements. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Mitsubishi Motors Australia Ltd (Sydney Parts Distribution Centre) Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009 and its fairness and reasonableness in terms of wages and conditions of employment.

Mitsubishi Motors Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established