DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyo Tyre and Rubber Australia Limited
(AG2015/7714)

TOYO TYRE & RUBBER AUSTRALIA LIMITED AND NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the Toyo Tyre & Rubber Australia Limited and National Union of Workers - New South Wales Branch Enterprise Agreement 2015.

[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 2015 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] The Agreement was approved on 20 January 2016 and, in accordance with s.54, will operate from 27 January 2016. The nominal expiry date of the Agreement is 3 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Toyo Tyre and Rubber Australia Limited, sought the Fair Work Commission's approval of an enterprise agreement with the National Union of Workers - New South Wales Branch. The agreement, which was to replace the existing one, had been negotiated between the parties and was subject to the Fair Work Act 2009. The nature of the dispute was the procedural fairness of the negotiation process and the conformity of the proposed agreement with the legislative requirements.

The primary legal issues that the Commission had to address included whether the negotiation process was conducted in good faith, whether the agreement was negotiated fairly, and whether the agreement met the criteria for being a "better off overall test" as stipulated by the Fair Work Act. The Commission also had to consider the impact of the proposed agreement on employees, particularly in terms of pay rates, conditions, and any potential detriments.

In assessing these issues, the Commission found that the negotiation process was conducted in good faith and that the agreement was negotiated fairly. The Commission concluded that the agreement met the better off overall test, as it provided benefits to employees that outweighed any detriments. The Commission was satisfied that the proposed agreement was fair and complied with the relevant statutory provisions. Consequently, the application for approval was granted.

The Fair Work Commission approved the enterprise agreement between Toyo Tyre and Rubber Australia Limited and the National Union of Workers - New South Wales Branch, effective from the specified date. The agreement was to be registered with the Commission, and the terms would govern the employment conditions of the employees covered by the agreement.

Toyo Tyre and Rubber Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established