Toll Air Express

Case

[2013] FWCA 58

7 JANUARY 2013

No judgment structure available for this case.

[2013] FWCA 58

FAIR WORK COMMISSION

DECISION

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

Toll Air Express
(AG2012/14435)

TOLL AIR EXPRESS (PERTH) ENTERPRISE AGREEMENT 2012

Airport operations

COMMISSIONER CLOGHAN

PERTH, 7 JANUARY 2013

Application for approval of the Toll Air Express (Perth) Enterprise Agreement 2012.

[1] On 24 December 2012, Toll Air Express made application for approval of a single enterprise agreement to be known as the Toll Air Express (Perth) Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 19 December 2012.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Following communication with the Applicant, the Applicant has provided an undertaking pursuant to s.190 of the FW Act that in Clause 26: Consultation on Workplace Change, employees are able to appoint a representative of their choice.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 14 January 2013.

[7] The nominal expiry date of this Agreement is 30 June 2015.

COMMISSIONER

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