DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia
(AG2015/2130)

TOYOTA MOTOR CORPORATION AUSTRALIA (TMCA) WORKPLACE AGREEMENT (PORT MELBOURNE, SYDNEY AND REGIONS) 2015

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 MARCH 2015

Application for approval of the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Port Melbourne, Sydney and Regions) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toyota Motor Corporation Australia (TMCA) Workplace Agreement (Port Melbourne, Sydney and Regions) 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 Australian Municipal, Administrative, Clerical and Services Union, 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.

[6] The National Union of Workers, 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.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[8] The Association of Professional Engineers, Scientists and Managers, Australia, 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.

[9] 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

The case involved Toyota Motor Corporation Australia Ltd T/A Toyota Motor Corporation Australia, referred to as the applicant, who sought approval for their Workplace Agreement from the Fair Work Commission. This agreement pertains to the operations at their Port Melbourne, Sydney, and Regional locations. The application was made under the Fair Work Act 2009, specifically targeting the approval of an enterprise agreement that had been negotiated with the Australian Manufacturing Workers' Union. The agreement sought to establish terms and conditions of employment for the workforce involved.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. This included verifying that the agreement was not contrary to public policy, that it was made in good faith, and that it complied with the relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement adequately protected the interests of the employees and if it had been fairly negotiated.

The Fair Work Commission, after thorough examination, found that the agreement complied with the statutory requirements. The Commission noted that the agreement was made in good faith and did not contravene public policy. It was also found that the agreement adequately protected the interests of the employees and was fairly negotiated. Consequently, the Commission approved the Toyota Motor Corporation Australia Workplace Agreement (Port Melbourne, Sydney and Regions) 2015.

The final orders of the Commission included the approval of the agreement, which will now serve as a binding enterprise agreement between the parties involved. This decision reinforces the procedural correctness of the application and the legitimacy of the terms agreed upon by the employer and the union.

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