Toyo Tyre and Rubber Australia Limited

[2019] FWCA 666

[2019] FWCA 666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyo Tyre and Rubber Australia Limited
(AG2018/7370)

TOYO TYRE & RUBBER AUSTRALIA LIMITED AND NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Toyo Tyre & Rubber Australia Limited and National Union of Workers - New South Wales Branch Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toyo Tyre & Rubber Australia Limited and National Union of Workers - New South Wales Branch Enterprise 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 Toyo Tyre and Rubber Australia Limited. 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, 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12 – Abandonment of employment; and.

•  Clause 16.1(f) – Termination of employment; and

•  Clause 36.6(a) – Annual leave.

However, noting undertaking 3, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 3 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501618  PR704557>

Annexure A