DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Titan Australia Pty Ltd
(AG2016/5711)

TITAN WHEELS AUSTRALIA PTY LIMITED AND THE AMWU ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 21 SEPTEMBER 2016

Application for variation of the Titan Wheels Australia Pty Limited and the AMWU Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Titan Wheels Australia Pty Limited and the AMWU Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Titan Australia Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Titan Australia Pty Ltd applied to the Fair Work Commission to vary the Titan Wheels Australia Pty Limited and the AMWU Enterprise Agreement 2012. The applicant sought changes that would allow for greater flexibility in the use of technology and automation in the workplace, arguing that these changes were necessary to remain competitive in a rapidly changing industry. The Australian Manufacturing Workers’ Union opposed the application, arguing that the changes would result in job losses and reduced job security for employees.

The Commission was required to determine whether the proposed changes were necessary to achieve a fair and efficient workplace, and whether they were consistent with the principles of the Fair Work Act. The Commission also needed to consider the potential impact of the changes on employees and whether any adverse effects could be mitigated through appropriate measures.

In determining the application, the Commission found that the proposed changes were necessary to ensure the long-term viability of the business, and that the applicant had demonstrated a genuine desire to achieve a fair and efficient workplace. The Commission also found that the changes would not result in significant job losses and that appropriate measures could be put in place to mitigate any adverse effects on employees. The Commission therefore granted the application in part, with some modifications to the proposed changes.

The final orders of the Commission included provisions for increased use of technology and automation in the workplace, as well as measures to support employees through the transition. The Commission also imposed a number of conditions on the applicant, including requirements to consult with employees and provide training and support where necessary. The decision provides guidance on the types of changes that may be permissible under the Fair Work Act and the importance of considering the impact on employees when seeking to implement changes in the workplace.

Titan Australia 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