DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taiyo Membrane Corporation Pty Ltd
(AG2018/3275)

TAIYO MEMBRANE CORPORATION PTY LTD COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 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 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 National Union of Workers 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 20 November 2018 and, in accordance with s.54, will operate from 27 November 2018. The nominal expiry date of the Agreement is 10 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Taiyo Membrane Corporation Pty Ltd was the subject of an application to the Fair Work Commission for the approval of a collective agreement. The agreement in question, the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2018, was entered into between the company and the Australian Manufacturing Workers’ Union. The nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Act, specifically section 235, which outlines the criteria for the approval of a new agreement. This included ensuring that the agreement provided for a fair and efficient system for resolving disputes between the parties and that it contained appropriate mechanisms for employee representation and consultation. The Commission also needed to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission determined that the agreement met the statutory requirements for approval. The agreement was found to provide for a fair and efficient system for resolving disputes, with provisions for conciliation and arbitration. It also contained adequate mechanisms for employee representation and consultation, ensuring that employees had a meaningful opportunity to participate in the decision-making process. Furthermore, the Commission confirmed that the agreement was consistent with the broader regulatory framework governing registered organisations. As a result, the Commission approved the agreement, finding it to be fair and reasonable in all its terms.

The final orders of the Commission were that the Taiyo Membrane Corporation Pty Ltd Collective Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. This decision provided legal certainty to the parties and ensured that the agreement would govern the employment terms and conditions of the employees covered by the agreement.

Taiyo Membrane 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