DECISION

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

Toyoda Gosei Australia Pty Ltd
(AG2015/1408)

TOYODA GOSEI AUSTRALIA PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2015

Application for approval of the Toyoda Gosei Australia Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toyoda Gosei Australia Pty Ltd Single 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 Toyoda Gosei Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers (NUW), and United Voice (UV), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2015. The nominal expiry date of the Agreement is 2 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toyoda Gosei Australia Pty Ltd (TOGA) applied for approval of the Toyoda Gosei Australia Pty Ltd Single Enterprise Agreement 2015. The application was made to the Fair Work Commission, which is Australia's industrial relations tribunal. The agreement sought to regulate the employment of TOGA's employees. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the agreement was not in the best interests of the employees. The dispute centred on various terms and conditions outlined in the proposed agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. This involved examining whether the agreement met the criteria for being a single enterprise agreement and whether it was certified without undue interference from either party. The Commission also needed to determine if the agreement was in the best interests of the employees, taking into account factors such as wages, working conditions, and any other relevant terms. The AMWU argued that certain provisions of the agreement were not in the employees' best interests, particularly those related to wages and working conditions.

In considering these issues, the Fair Work Commission noted that the agreement was made in good faith and without undue interference. The Commission acknowledged that there were areas of contention, particularly regarding wage rates and conditions. However, it found that the overall terms of the agreement were fair and reasonable, taking into account the economic context and the need for a balanced approach to the interests of both employees and the employer. The Commission approved the agreement, emphasising the importance of maintaining a stable and productive workplace. The decision recognised the necessity for the parties to negotiate and reach a compromise that could be considered beneficial for both employees and the employer.

The Fair Work Commission approved the Toyoda Gosei Australia Pty Ltd Single Enterprise Agreement 2015. The decision confirmed that the agreement met the legal requirements under the Fair Work Act 2009 and was in the best interests of the employees. The Commission's approval was subject to certain conditions, including the requirement for ongoing consultation between the parties. This outcome provided a framework for the employment relationship, ensuring that both parties could operate within a regulated and agreed-upon structure.

Toyoda Gosei 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