Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia
[2016] FWCA 624
•29 JANUARY 2016
[2016] FWCA 624
The document previously published on 29 January 2016 with the above code has been amended to correct the Agreement reference from AE417627 to AE413209.
Associate to Deputy President Gooley
Dated 16 February 2016
| [2016] FWCA 624 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia
(AG2015/7815)
TOYOTA MOTOR CORPORATION AUSTRALIA (TMCA) WORKPLACE AGREEMENT (PORT MELBOURNE, SYDNEY AND REGIONS) 2015
Vehicle industry | |
DEPUTY PRESIDENT GOOLEY | MELBOURNE, 29 JANUARY 2016 |
Application for variation of the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Port Melbourne, Sydney and Regions) 2015.
[1] An application has been made for approval of a variation of the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Port Melbourne, Sydney and Regions) 2015 (the Agreement). The application was made pursuant to section 217 of the Fair Work Act 2009 (the Act) by Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia. The Agreement is a single-enterprise agreement.
[2] I have examined the material provided by Toyota Motor Corporation in support of its application, together with the consent of the Association of Professional Engineers, Scientists and Managers, the Australian Municipal, Administrative, Clerical and Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division, the National Union of Workers and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and am satisfied that it includes all the relevant information which would be necessary to support the variation of the Agreement to remove an ambiguity or uncertainty.
[3] The application seeks to vary the following:
To amend the glossary of the Agreement as follows:
(a) Replace the paragraph reading:
“Asset Protection Employees
Employees undertaking Asset protection duties in Altona and Port Melbourne sites. These include Fire Officers, Asset Protection Senior Officer and Officer.”
With:
“Asset Protection Employees
Employees undertaking Asset protection duties in Altona and Port Melbourne, Sydney sites. These include Fire Officers, Asset Protection Senior Officer and Officer.”
(b) Replace the paragraph reading:
“Business Structure Change
Significant organisational change at the Altona site, including restructuring and outsourcing. It does not include operational and Kaizen-related matters covered elsewhere in this Agreement (unless they have a significant affect on Employees).”
With:
“Business Structure Change
Significant organisational change at the TMCA sites, including restructuring and outsourcing. It does not include operational and Kaizen-related matters covered elsewhere in this Agreement (unless they have a significant adverse affect on Employees).”
(c) Replace the paragraph reading:
“Call Back
An employee recalled to work overtime after completing their normal shift and leaving the Altona site.”
With:
“Call Back
An employee recalled to work overtime after completing their normal shift and leaving the TMCA Site.”
(d) Replace the paragraph reading:
“Company Fleet
TMCA’s company fleet site located at 28 Westgate Drive, Altona North, Victoria.”
With:
“Company Fleet
TMCA’s company fleet site located at 28 Westgate Drive, Port Melbourne, Sydney and Regions North, Victoria.”
(e) Replace the paragraph reading:
“Port Melbourne
TMCA’s site at Port Melbourne, Victoria.”
With:
“Port Melbourne, Sydney and Regions
TMCA’s site at Port Melbourne (Vic), Woolooware Bay (NSW) Acacia Ridge and Townsville Qld) Darwin (NT) Adelaide (SA)”
(f) Replace the paragraph reading:
“Union
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.”
With:
“Union
The following Unions and their officers who have been represented by the FVIU negotiating this Agreement. The Union parties to this Agreement shall be collectively referred to as the ‘Unions’:
- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
- Communication, Electrical, and Plumbing Union of Australia (in respect of those members of the electrical division employed by Toyota)
- National Union of Workers (in respect of the Warehousing in Brisbane)
- Association of Professional Engineers, Scientists and Managers Australia
- Australian Services Union (in respect of those members of the Administrative and Clerical Division employed by Toyota).”
(g) Insert paragraph reading:
“PDR
Performance and Development Review (formerly Performance Management System).”
[4] A copy of the varied Agreement is attached to this Decision and the variation operates from 5 February 2016.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code T, AE413209 PR576575>
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