Toyota Material Handling Pty Limited

[2017] FWCA 2569

[2017] FWCA 2569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyota Material Handling Pty Limited
(AG2017/1262)

TOYOTA MATERIAL HANDLING AUSTRALIA ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 MAY 2017

Application for approval of the Toyota Material Handling Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toyota Material Handling Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toyota Material Handling Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 12 May 2017 and, in accordance with s.54, will operate from 19 May 2017. The nominal expiry date of the Agreement is 12 November 2020.

COMMISSIONER

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