DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Energy and Marine Logistics Pty Ltd
(AG2017/315)

TOLL ENERGY MATERIALS HANDLING OPERATORS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2017

Application for approval of the Toll Energy Materials Handling Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Energy Materials Handling Operators Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Energy and Marine Logistics Pty 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 Agreement was approved on 23 March 2017 and, in accordance with s.54, will operate from 30 March 2017. The nominal expiry date of the Agreement is 23 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Toll Energy and Marine Logistics Pty Ltd, the Fair Work Commission was tasked with approving the Toll Energy Materials Handling Operators Enterprise Agreement 2017. The applicant, Toll Energy, sought to have the agreement recognised as a single enterprise agreement, covering multiple entities within its business. The applicant argued that the agreement was fair and reasonable, providing appropriate conditions for the employees involved.

The primary legal issue before the Commission was whether the proposed enterprise agreement was indeed fair and reasonable, as required by the Fair Work Act 2009. The Commission needed to consider the nature of the agreement, its terms and conditions, and the extent to which it satisfied the criteria for approval under the Act. Additionally, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, in accordance with the objectives of the Act.

The Commission found that the proposed agreement was fair and reasonable in all respects. It noted that the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement met the criteria for approval under the Act, and that it provided for fair and reasonable terms and conditions of employment. As such, the Commission approved the Toll Energy Materials Handling Operators Enterprise Agreement 2017 as a single enterprise agreement, covering multiple entities within the Toll Energy business.

The Commission's decision was based on a thorough analysis of the agreement's terms and conditions, and its compliance with the relevant legislative framework. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the criteria for approval under the Act. The decision provides guidance for employers and employees alike, highlighting the importance of ensuring that enterprise agreements are fair and reasonable, and that they comply with the requirements of the Act.

Toll Energy and Marine Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established