Toll Air Express Summary

[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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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, Toll Air Express, sought approval of the Toll Air Express (Perth) Enterprise Agreement 2012. The respondent, the Transport Workers Union of Australia, raised objections to the proposed agreement. The dispute centred on the terms of the agreement, particularly those relating to the classification of employees, conditions of employment, and procedural matters. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and efficient workplace.

The primary legal issue before the Commission was whether the proposed agreement was a "better off overall test" (BOOT) agreement, as required by the Fair Work Act. This involved assessing whether the agreement would provide employees with a benefit that outweighs any detriments. Additionally, the Commission had to consider whether the agreement provided for procedural fairness and compliance with relevant industrial laws. The Transport Workers Union argued that the proposed agreement did not sufficiently protect the rights and conditions of employees, particularly regarding classification and procedural fairness.

The Fair Work Commission found that the proposed agreement did indeed satisfy the BOOT requirement and was procedurally fair. The Commission emphasised that the agreement contained provisions that ensured employees would be better off overall, with improvements in various conditions of employment. Furthermore, the Commission determined that the agreement adequately addressed procedural fairness by incorporating mechanisms for dispute resolution and employee representation. Consequently, the Commission approved the Toll Air Express (Perth) Enterprise Agreement 2012, finding it to be compliant with the Fair Work Act and suitable for endorsement.

Toll Air Express

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established