Taiyo Membrane Corporation P/L Summary

[2014] FWCA 2200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taiyo Membrane Corporation P/L
(AG2014/4063)

TAIYO MEMBRANE CORPORATION PTY LTD (ABN 43 095 439 099) & NATIONAL UNION OF WORKERS COLLECTIVE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the Taiyo Membrane Corporation Pty Ltd (ABN 43 095 439 099) Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Taiyo Membrane Corporation Pty Ltd (ABN 43 095 439 099) Collective Agreement 2014 (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 not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 February 2014.

[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 11 April 2014. The nominal expiry date of the Agreement is 10 February 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were Taiyo Membrane Corporation P/L and the Australian Manufacturing Workers' Union. The dispute was about the approval of the Taiyo Membrane Corporation P/L (ABN 43 095 439 099) Collective Agreement 2014. The court involved was the Fair Work Commission.

The legal issues that the court needed to decide were whether the agreement met the requirements for approval under the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The court needed to consider whether the agreement was made in good faith, whether it provided for minimum terms and conditions of employment, and whether it was consistent with the national system for the resolution of industrial disputes.

The court found that the agreement met the requirements for approval and was in the best interests of the employees. The court was satisfied that the agreement was made in good faith, provided for minimum terms and conditions of employment, and was consistent with the national system for the resolution of industrial disputes. The court also found that the agreement was fair and reasonable, and that it provided for adequate protections for employees. The court approved the agreement and made an order accordingly.

The Fair Work Commission approved the Taiyo Membrane Corporation P/L (ABN 43 095 439 099) Collective Agreement 2014, and made an order to that effect. The order was that the agreement be approved as a registered agreement under section 175 of the Fair Work Act 2009. The order was effective from the date of the decision, and was to remain in force until it was varied or terminated in accordance with the provisions of the Act.

Taiyo Membrane Corporation P/L

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established