Toyo Ink Australia Pty Ltd Summary

[2013] FWCA 4030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyo Ink Australia Pty Ltd
(AG2013/1393)

TOYO INK AUSTRALIA PTY LTD COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 JUNE 2013

Application for approval of the Toyo Ink Australia Pty Ltd Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toyo Ink Australia Pty Ltd Collective 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 Toyo Ink 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 “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.

[5] The Agreement was approved on 21 June 2013 and, in accordance with s.54, will operate from 28 June 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401946 PR538107>
ANNEXURE A

CaseChat Overview and Summary

The case involves Toyo Ink Australia Pty Ltd, a company operating within the Australian manufacturing sector, and several trade unions representing its employees. The central dispute in this matter was the application for approval of the Toyo Ink Australia Pty Ltd Collective Agreement 2013. This agreement sought to regulate various aspects of employment, including wages, working hours, and other conditions of employment. The application was heard by the Fair Work Commission (FWC), an Australian independent statutory body responsible for resolving workplace disputes and making decisions on industrial relations matters.

The primary legal issues the FWC was required to address pertained to whether the collective agreement met the necessary statutory requirements and whether it provided fair and equitable terms for both the employer and the employees. Specifically, the FWC needed to ensure that the agreement was consistent with the Fair Work Act 2009, which sets out the framework for workplace relations in Australia. The FWC also had to consider whether the agreement included provisions that aligned with broader national objectives, such as promoting harmonious, productive, and cooperative workplace relations.

In rendering its decision, the FWC carefully examined the contents of the collective agreement. The FWC noted that the agreement contained provisions that were consistent with the Fair Work Act 2009, including provisions for minimum wages, leave entitlements, and other standard employment conditions. The FWC further considered the input from both the employer and the unions, and assessed whether the agreement was likely to promote harmonious and productive workplace relations. Ultimately, the FWC found that the collective agreement met the necessary statutory requirements and provided fair and equitable terms for both parties. Consequently, the FWC approved the application for the collective agreement to be registered.

In summary, the FWC approved the application for the Toyo Ink Australia Pty Ltd Collective Agreement 2013 to be registered, finding it consistent with the Fair Work Act 2009 and likely to promote harmonious and productive workplace relations. This decision provides guidance to employers and unions on the requirements for a valid collective agreement in Australia.

Toyo Ink 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