Tolco Pty Limited

[2013] FWCA 7747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tolco Pty Limited
(AG2013/10682)

TOLCO PTY LIMITED COLLECTIVE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 4 OCTOBER 2013

Application for approval of the Tolco Pty Limited Collective Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Tolco Pty Limited Collective Agreement 23012-2015 (“the Agreement”). The application was made by Tolco Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 11 October 2013. The nominal expiry date of the Agreement is 28 February 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve a collective agreement between Tolco Pty Limited and its employees. The agreement was proposed by the employer and covered the period from 2012 to 2015. The Fair Work Union (FWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) opposed the agreement on behalf of their members, citing concerns about various aspects of the proposed terms and conditions.

The central legal issues before the FWC were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, and whether it met the "better off overall test" (BOOT) for employees. This involved assessing the balance of benefits and detriments in the agreement, and ensuring that it did not adversely affect employees' wages, conditions, or entitlements.

The FWC examined the proposed agreement in detail, considering submissions from both the employer and the unions. The Commission found that while some terms in the agreement were contentious, the overall package provided benefits to employees that outweighed any detriments. Notably, the agreement included provisions for pay increases, improved leave entitlements, and better redundancy provisions. The FWC concluded that the proposed agreement satisfied the BOOT and was therefore fair and reasonable. The Commission approved the agreement, subject to minor amendments to address specific concerns raised by the unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established