DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyota Motor Corporation Australia Limited
(AG2019/2959)

TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED ENGINEERING AND TECHNICAL AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Toyota Motor Corporation Australia Limited Engineering and Technical Agreement 2019

[1] Toyota Motor Corporation Australia Limited has made an application for approval of an enterprise agreement known as the Toyota Motor Corporation Australia Limited Engineering and Technical Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by these organisation, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 10 September 2019 and, in accordance with s 54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 17 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toyota Motor Corporation Australia Limited, sought approval for the Engineering and Technical Agreement 2019 from the Fair Work Commission. The dispute centred around the proposed agreement's terms and conditions, which the applicant sought to implement for its employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions, aligned with the principles of the Act. Specifically, the Commission had to assess whether the agreement appropriately balanced the interests of both the employer and the employees, and if it complied with the various provisions of the Act, including those related to minimum wages, hours of work, and other employment conditions.

In its decision, the Commission thoroughly examined the provisions of the Engineering and Technical Agreement 2019. It found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and it adequately balanced the interests of both parties. The Commission also confirmed that the agreement complied with the relevant provisions of the Fair Work Act 2009.

Accordingly, the Commission approved the Engineering and Technical Agreement 2019, allowing Toyota Motor Corporation Australia Limited to implement the terms and conditions set out in the agreement. This decision ensures that the agreement is legally binding and enforceable, providing clarity and certainty for both the employer and the employees involved.

Toyota Motor Corporation 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