DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nissan Casting Australia Pty Ltd
(AG2018/3723)

NISSAN CASTING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018-2022

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Nissan Casting Australia Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Nissan Casting Australia Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nissan Casting Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Nissan Casting Australia Pty Ltd Enterprise Agreement 2018-2022. The applicant, Nissan Casting Australia Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which required compliance with the relevant provisions of the Act and the Fair Work Regulations 2009. The dispute arose from negotiations between the employer and the employees, represented by the United Voice union, over terms and conditions of employment. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including ensuring that the agreement was not contrary to public policy and provided for the proper operation of the enterprise.

The legal issues before the Commission centred on the compliance of the proposed enterprise agreement with the statutory requirements. Specifically, the Commission needed to assess whether the agreement adequately addressed minimum entitlements, provided for the proper operation of the enterprise, and did not contravene public policy. The Commission also had to consider the fairness of the agreement, including whether it provided for proper terms and conditions of employment, and whether the negotiation process was fair and in good faith. Furthermore, the Commission had to ensure that the agreement did not discriminate against certain employees and provided for appropriate dispute resolution mechanisms.

After reviewing the submissions and evidence provided by both parties, the Commission found that the Nissan Casting Australia Pty Ltd Enterprise Agreement 2018-2022 met the statutory requirements for approval. The Commission determined that the agreement provided for the proper operation of the enterprise and contained appropriate terms and conditions of employment. The Commission also concluded that the negotiation process was fair and in good faith, and that the agreement did not contravene public policy or discriminate against any employees. The Commission found that the dispute resolution mechanisms provided in the agreement were adequate and in line with the relevant provisions of the Act. Accordingly, the Commission approved the enterprise agreement, recognising that it provided a fair and reasonable framework for the terms and conditions of employment for the employees of Nissan Casting Australia Pty Ltd.

In light of the findings, the Fair Work Commission approved the Nissan Casting Australia Pty Ltd Enterprise Agreement 2018-2022. The approval was subject to the agreement being registered with the Fair Work Commission, and the parties were required to comply with the terms of the agreement. The Commission also ordered that the agreement would commence on the first day of the month following the registration date, and that it would remain in effect until the end of the agreed period, unless terminated earlier in accordance with the agreement or the Fair Work Act 2009. The decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would govern their employment relationship for the specified period.

Nissan Casting Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established