DECISION

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

Toll Energy Logistics Pty Ltd
(AG2015/4055)

TOLL ENERGY LOGISTICS PTY LTD NORTH WEST AGREEMENT 2015

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 5 AUGUST 2015

Application for approval of the Toll Energy Logistics Pty Ltd North West Agreement 2015.

[1] On 21 July 2015, Toll Energy Logistics Pty Ltd made application for approval of a single enterprise agreement to be known as the Toll Energy Logistics Pty Ltd North West Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 17 July 2015.

[3] The Fair Work Commission (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] 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.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 12 August 2015.

[6] The nominal expiry date of this Agreement is 4 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, Toll Energy Logistics Pty Ltd sought approval for the Toll Energy Logistics Pty Ltd North West Agreement 2015. This agreement was a registered Australian workplace agreement under the Fair Work Act 2009. The primary dispute involved whether the agreement met the legal requirements for approval, particularly focusing on the procedural fairness and the process through which it was made.

The court had to decide whether the agreement was fairly made, in line with the Fair Work Act. Key issues included whether the agreement was made without undue influence or coercion, and whether the process of making the agreement was transparent and fair. The court also considered whether Toll Energy Logistics had adequately demonstrated that the agreement was in the best interests of the employees it covered.

The court found that the agreement was fairly made, and thus approved it. The reasoning included a detailed analysis of the negotiation process and the evidence presented by Toll Energy Logistics. The court concluded that the process was transparent, and that there was no evidence of undue influence or coercion. Additionally, the court was satisfied that the agreement was in the best interests of the employees, as it provided for fair terms and conditions of employment. The final orders included the approval of the agreement, which would now be registered under the Fair Work Act.

Toll Energy 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