DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll IPEC Pty Ltd
(AG2015/1421)

TOLL IPEC PTY LTD - VICTORIAN SECURITY ENTERPRISE AGREEMENT 2014 - 2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2015

Application for approval of the Toll IPEC Pty Ltd - Victorian Security Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll IPEC Pty Ltd - Victorian Security Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll IPEC Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Toll IPEC Pty Ltd, sought approval of a new enterprise agreement. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that it did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory criteria for approval, including its fairness, directness, and compliance with minimum entitlements. The Commission was tasked with determining whether the agreement was in accordance with the provisions of the Act.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically sections 233 and 234, which mandate that enterprise agreements must be fairly negotiated, directly related to the parties' employees, and not contravene any minimum standards. The Commission had to assess whether the agreement met these statutory criteria and whether there were any procedural irregularities in its negotiation and execution. Additionally, the Commission needed to consider the fairness of the agreement in terms of the balance of rights and obligations between the parties.

The Commission found that the agreement was fairly negotiated and directly related to the employees. It satisfied the statutory criteria for approval and complied with all minimum entitlements as stipulated in the Fair Work Act 2009. The Commission also determined that there were no procedural irregularities in the negotiation and execution of the agreement. Given the comprehensive review and the absence of any contraventions, the Commission approved the application for the agreement. The Transport Workers Union of Australia's objections were dismissed, and the agreement was approved effective from the date of the decision.

Toll IPEC 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