Nissan Casting Australia Pty Ltd T/A Nissan Casting Summary

[2022] FWCA 4236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nissan Casting Australia Pty Ltd T/A Nissan Casting

(AG2022/4795)

Nissan Casting Australia Pty Ltd Enterprise Agreement 2022 – 2026

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2022

Application for approval of the Nissan Casting Australia Pty Ltd Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement known as the Nissan Casting Australia Pty Ltd Enterprise Agreement 2022 – 2026 (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 T/A Nissan Casting. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of 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.

I note that clause 22.4 may be inconsistent with the National Employment Standards (NES). The Applicant has provided a NES precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 1 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nissan Casting Australia Pty Ltd T/A Nissan Casting sought approval for their enterprise agreement covering the period 2022 to 2026. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The legal issues centred on whether the agreement contained provisions that were contrary to public policy, failed to comply with the procedural requirements, or did not meet the "better off overall test" (BOOT) as stipulated by the legislation.

The Commission examined whether the terms of the agreement were fair and reasonable, ensuring that employees were not disadvantaged. It also assessed whether the agreement had been genuinely negotiated between the employer and the employees or their representatives. The court needed to decide if the agreement included any mandatory terms that were not consistent with the law or public policy.

In rendering its decision, the Commission concluded that the agreement was fair and met all the statutory requirements. It was found to be genuinely negotiated and did not contravene any public policy or legal standards. Furthermore, the agreement passed the better off overall test, indicating that it was in the best interest of the employees overall. Therefore, the Commission approved the Nissan Casting Australia Pty Ltd Enterprise Agreement 2022 – 2026.

Nissan Casting Australia Pty Ltd T/A Nissan Casting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established