Nissan Motor Company (Australia) Pty Ltd Summary

[2013] FWCA 2558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nissan Motor Company (Australia) Pty Ltd
(AG2013/5907)

NISSAN MOTOR COMPANY (AUSTRALIA) PTY LIMITED PARTS, WAREHOUSING & DISTRIBUTION ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 APRIL 2013

Application for approval of the Nissan Motor Company (Australia) Pty Limited Parts, Warehousing & Distribution Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nissan Motor Company (Australia) Pty Limited Parts, Warehousing & Distribution Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nissan Motor Company (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 26 April 2013 and, in accordance with s.54, will operate from 3 May 2013. The nominal expiry date of the Agreement is 1 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Nissan Motor Company (Australia) Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Nissan Motor Company (Australia) Pty Limited Parts, Warehousing & Distribution Enterprise Agreement 2013. The respondents included various trade unions representing employees within the company. The dispute centred around the fairness and validity of the proposed agreement, particularly in terms of its compliance with the Fair Work Act 2009.

The legal issues before the court involved whether the proposed enterprise agreement was fair and appropriate, and if it met the criteria for approval as outlined in the Fair Work Act. This included assessing whether the agreement provided for appropriate minimum terms and conditions, including rates of pay, leave entitlements, and other employment-related terms. The court also had to consider whether the agreement was made in good faith and whether it contained appropriate mechanisms for resolving workplace disputes.

The Fair Work Commission examined the proposed agreement closely, taking into account various submissions from both the applicants and the respondents. The Commission found that the agreement, while containing some provisions that were not entirely favourable to the employees, was generally fair and appropriate. It met the statutory requirements for approval and provided for reasonable terms and conditions of employment. The Commission also noted that the agreement included adequate dispute resolution mechanisms. As a result, the Commission approved the Nissan Motor Company (Australia) Pty Limited Parts, Warehousing & Distribution Enterprise Agreement 2013, subject to certain conditions and modifications.

The final orders of the Fair Work Commission included the approval of the enterprise agreement with specific conditions and modifications, ensuring that it complied fully with the requirements of the Fair Work Act. This decision provided clarity and certainty for both Nissan Motor Company (Australia) Pty Ltd and its employees, facilitating a stable industrial relations environment.

Nissan Motor Company (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