DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia
(AG2015/2143)

TOYOTA MOTOR CORPORATION AUSTRALIA (TMCA) WORKPLACE AGREEMENT (ALTONA) 2015

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 MARCH 2015

Application for approval of the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Altona) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Altona) 2015 (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. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 26 March 2015 and, in accordance with s.54, will operate from 2 April 2015. The nominal expiry date of the Agreement is 6 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia applied for approval of the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Altona) 2015. The application was made under the Fair Work Act 2009 (Cth) and the proceedings were heard in the Federal Circuit Court of Australia. The applicant sought to have the workplace agreement approved, which aimed to govern the employment conditions of employees within the TMCA Altona site.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, particularly in terms of its certification, coverage, and compliance with the provisions of the Act. The court examined whether the agreement had been made with genuine independent employee representatives and whether it had been certified by the Australian Industrial Relations Commission. Additionally, the court assessed whether the agreement provided for minimum terms and conditions that were no less favourable than the relevant national workplace determination or modern award.

The court found that the agreement was made with genuine independent employee representatives and had been certified by the Australian Industrial Relations Commission. It was also determined that the agreement provided for minimum terms and conditions that were no less favourable than the relevant national workplace determination. The court concluded that the agreement met the statutory requirements and approved the application for the agreement to be registered.

In approving the application, the court issued an order for the registration of the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Altona) 2015. The agreement was registered under the Fair Work Act 2009 (Cth), effective from the date of the court's decision.

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

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established