Marmara v Toyota Motor Corporation Australia Limited [2013] FCA 1351

FEDERAL COURT OF AUSTRALIA

Marmara v Toyota Motor Corporation Australia Limited [2013] FCA 1351 Citation: Marmara v Toyota Motor Corporation Australia Limited [2013] FCA 1351

Parties: CARMELO JOSEPH MARMARA, PETER JOHN COOK , MICHAEL DEMIANO CREA and ADRIAN RICHARD TAINSH v TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED (ACN 009 686 097)

File number: VID 1198 of 2013

Judge: BROMBERG J

Date of judgment: 12 December 2013

Catchwords: INDUSTRIAL LAW – Section 50 of the Fair Work Act 2009 (Cth) – whether the respondent breached a 'no extra claims' clause of an enterprise agreement – whether the making of a proposed variation to the enterprise agreement constituted a "claim" within the meaning of the no extra claims clause – whether the no extra claims clause was an "objectionable term" – consideration of Pt 3-1 of the FW Act and what constitutes an objectionable term which requires or permits a contravention of Pt 3-1 – whether the no extra claims clause was inconsistent with the FW Act and invalid – whether enterprise agreements are a form of delegated legislation – whether principles of construction for non-legislative instruments provided for by s 46 of the Acts Interpretation Act 2003 (Cth) are applicable – nature of enterprise agreements to be taken into account when repugnancy with enabling Act is considered – consideration of the scheme for bargaining under the FW Act – whether scheme designed to encourage periodic bargaining and not ongoing bargaining – whether scheme designed to encourage periodic renewal and currency of conditions prescribed by enterprise agreements – nature and intent of the scheme provided by FW Act for the variation of enterprise agreements – whether scheme of FW Act contemplates that by agreement making industrial parties may exclude themselves from access to the consensual variation processes provided by FW Act – whether no extra claims clause excluded capacity for parties to enterprise agreement to utilise the variation process provided for by FW Act – whether the no extra claims clause was about "permitted matters" – whether the no extra claims clause precluded the exercise of the functions of the Fair Work Commission to approve the variation of the enterprise agreement.