DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia
(AG2018/3773)

TOYOTA MOTOR CORPORATION AUSTRALIA (TMCA) COMPANY FLEET AGREEMENT 2018

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Toyota Motor Corporation Australia (TMCA) Company Fleet Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toyota Motor Corporation Australia (TMCA) Company Fleet Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisation.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 20 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Toyota Motor Corporation Australia Limited, trading as Toyota Motor Corporation Australia, and its application for the approval of the Toyota Motor Corporation Australia (TMCA) Company Fleet Agreement 2018. The dispute centred on whether the proposed agreement, which was to cover a number of employees in the motor vehicle manufacturing and related industries, met the necessary standards under the Fair Work Act 2009.

The primary legal issue the Commission was required to address was whether the agreement provided for terms and conditions that were no worse off, and better off, than the applicable award or modern award. This involved assessing the provisions of the agreement against the Fair Work Act and the relevant award to determine compliance. The Commission also had to consider whether the agreement complied with the requirements for an enterprise agreement, including provisions for genuine bargaining and whether the agreement met the minimum standards for employee entitlements such as wages, leave, and other conditions of employment.

In delivering its decision, the Commission found that the proposed agreement was in compliance with the statutory requirements. The Commission noted that the agreement provided for terms and conditions that were not less favourable than the applicable award, and in many cases, were more favourable. The Commission was satisfied that the agreement had been the product of genuine bargaining and met the minimum standards for employee entitlements. As such, the Commission approved the agreement, finding that it was in the best interests of the employees and the employer to have the terms and conditions of employment set out in the agreement.

The final orders of the Commission included the approval of the Toyota Motor Corporation Australia (TMCA) Company Fleet Agreement 2018, which was to be registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and was to apply to the employees covered by the agreement. The Commission also ordered that the agreement be given to the employer and the relevant employees, and that it be published on the Fair Work Commission’s website.

Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established