Toyo Tyre and Rubber Australia Limited Summary

[2013] FWCA 2312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toyo Tyre and Rubber Australia Limited
(AG2013/5973)

TOYO TYRE & RUBBER AUSTRALIA LIMITED AND NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 18 APRIL 2013

Application for approval of the Toyo Tyre & Rubber Australia Limited and National Union of Workers- New South Wales Branch Enterprise Agreement 2012.

[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 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toyo Tyre & Rubber Australia Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 April 2013. The nominal expiry date is 15 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Toyo Tyre and Rubber Australia Limited, sought approval of the Enterprise Agreement between the company and the National Union of Workers- New South Wales Branch, which was signed in 2012. The application for approval was made under section 233 of the Fair Work Act 2009, as the agreement was considered to be a "single interest employer agreement" and a "low pay industry agreement". The dispute centred on whether the agreement met the statutory requirements for approval and whether it contained provisions that were contrary to the public interest or contrary to the objects of the Fair Work Act.

The legal issues that the Commission was required to decide included whether the agreement was a genuine enterprise agreement, whether the agreement contained unfair provisions, and whether the agreement was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the low pay industry safety net and whether the agreement met the requirements for a "single interest employer agreement". The Commission had to examine the agreement's provisions in detail to ensure that they were fair and reasonable, and did not unfairly disadvantage any party.

After examining the agreement, the Commission found that it was a genuine enterprise agreement and that it complied with the statutory requirements for approval. The Commission also found that the agreement contained provisions that were fair and reasonable, and did not unfairly disadvantage any party. The Commission was satisfied that the agreement met the requirements for a "low pay industry agreement" and that it complied with the low pay industry safety net. The Commission concluded that the agreement was in the best interests of the employees and that it should be approved.

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, which was signed in 2012. The Commission found that the agreement was a genuine enterprise agreement and that it complied with the statutory requirements for approval. The Commission also found that the agreement contained provisions that were fair and reasonable, and did not unfairly disadvantage any party. The Commission was satisfied that the agreement met the requirements for a "low pay industry agreement" and that it complied with the low pay industry safety net. The Commission concluded that the agreement was in the best interests of the employees and that it should be approved.

Toyo Tyre and Rubber Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established