Toll IPEC Pty Ltd

[2014] FWCA 777

FAIR WORK COMMISSION

DECISION

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

Toll IPEC Pty Ltd
(AG2013/12154)

TOLL IPEC - TWU CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 3 FEBRUARY 2014

Application for approval of the Toll IPEC - TWU Clerical Employees Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll IPEC - TWU Clerical Employees Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll IPEC Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers Union of Australia, Victoria/Tasmania Branch being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 February 2014. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toll IPEC Pty Ltd, sought the court's approval of the Toll IPEC - TWU Clerical Employees Enterprise Agreement 2013 - 2015. The respondent, the Transport Workers Union, represented the clerical employees of Toll IPEC. The dispute arose under the Fair Work Act 2009, specifically concerning the procedural fairness of the enterprise agreement's negotiation and the agreement's overall suitability for registration. The matter was heard in the Federal Circuit Court of Australia.

The court needed to determine whether the enterprise agreement was appropriately negotiated and whether it adhered to the procedural fairness principles established in the Fair Work Act. Additionally, the court had to assess if the agreement met the criteria for registration as set out in the Act, including whether it provided for the terms and conditions of employment and was not contrary to public policy. The court also examined if the agreement was genuinely negotiated and if there was any unfair conduct during the negotiation process.

The court found that the negotiation process was generally fair, with appropriate steps taken to reach the agreement. The agreement was deemed to meet the statutory requirements for registration, providing clear terms and conditions of employment and not conflicting with public policy. The court was satisfied that the agreement was genuinely negotiated between the parties and that there was no unfair conduct. Consequently, the court approved the enterprise agreement.

The final orders included the approval of the Toll IPEC - TWU Clerical Employees Enterprise Agreement 2013 - 2015, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with its terms. The court's decision reinforced the importance of procedural fairness and genuine negotiation in the enterprise agreement process under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established