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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Toyota Material Handling Pty Limited, which sought approval of the Toyota Material Handling Australia Enterprise Agreement 2016. The application was made under the Fair Work Act 2009, seeking the court's endorsement of the agreement, which had been negotiated and agreed upon by the employer and relevant trade unions. The dispute centred on whether the agreement complied with the requirements of the Act and whether it was in the best interests of the employees involved.

The legal issues that the court needed to resolve included whether the agreement provided for the registration of the agreement with the Fair Work Commission, whether it contained the prescribed minimum terms and conditions as outlined in the Act, and whether it was made in good faith. Additionally, the court had to consider whether the agreement was likely to result in improved industrial relations outcomes for the employees.

In its decision, the court found that the agreement met all the necessary statutory requirements and was in the best interests of the employees. The agreement was determined to be made in good faith and provided for the prescribed minimum terms and conditions. Furthermore, the court was satisfied that the agreement was likely to result in improved industrial relations outcomes. Consequently, the court approved the agreement, and it was registered with the Fair Work Commission.

The court ordered that the Toyota Material Handling Australia Enterprise Agreement 2016 be approved and registered, thereby finalising the matter before it. This decision provided clarity on the legal requirements for such agreements and affirmed the importance of good faith negotiations in achieving fair industrial relations outcomes.

Toyota Material Handling Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established