DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taiyo Membrance Corporation Pty Ltd
(AG2015/2376)

TAIYO MEMBRANE CORPORATION PTY LTD COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 1 MAY 2015

Application for approval of the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Taiyo Membrane Corporation Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 10 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Taiyo Membrance Corporation Pty Ltd, an applicant, sought approval of a collective agreement from the Fair Work Commission. The agreement, dated 2015, pertains to the employment conditions of its workers. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal. The primary dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary standards for approval under the legislative framework.

The legal issues the court had to address included whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether it was in the best interests of the employees. The court also had to determine if the agreement provided for a fair and equitable resolution of workplace disputes and if it was consistent with the overarching principles of the Act, including those concerning procedural fairness and the protection of employee rights.

The court examined the negotiation process and found it to be genuine and comprehensive, involving multiple rounds of discussions and input from both the employer and the employees' representatives. The court confirmed that the agreement met the minimum terms and conditions required by law, including provisions on wages, hours of work, and other employment-related matters. The court also found that the agreement was in the best interests of the employees, offering a fair balance of rights and obligations. Consequently, the court approved the collective agreement, emphasising its compliance with the legislative requirements and its alignment with the principles of fairness and procedural integrity.

The Fair Work Commission approved the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2015, subject to the terms and conditions outlined in the agreement. The court's decision confirmed the validity of the agreement, which would now govern the employment conditions of the workers at Taiyo Membrance Corporation Pty Ltd.

Taiyo Membrance Corporation 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