DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Mermaid Logistics Broome Pty Ltd
(AG2015/7042)

TOLL MERMAID LOGISTICS BROOME ENTERPRISE AGREEMENT 2014-2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Toll Mermaid Logistics Broome Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Toll Mermaid Logistics Broome Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Mermaid Logistics Broome 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 is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Toll Mermaid Logistics Broome Pty Ltd was the subject of an application for approval of the Toll Mermaid Logistics Broome Enterprise Agreement 2014-2018. The application was brought before the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia. The dispute centred around the fairness and content of the proposed agreement, specifically whether it met the necessary criteria under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained terms that were fair and reasonable, and whether it was made in accordance with the procedural requirements outlined in the Act. This included scrutinising the process by which the agreement was negotiated and whether it was made without coercion, and whether the agreement met the 'better off overall test'. The Commission also had to consider whether the agreement contained mandatory terms that were compliant with the Act, and whether the agreement was consistent with the national workplace relations system.

In delivering its decision, the Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement had been negotiated in good faith and met the procedural requirements. It was determined that the agreement was fair and reasonable and complied with the Act. The Commission was satisfied that the agreement contained terms that were better off overall for the employees, meeting the necessary criteria. Consequently, the Commission approved the Toll Mermaid Logistics Broome Enterprise Agreement 2014-2018, confirming its validity and enforceability. The final orders confirmed the approval and provided that the agreement would be registered and enforceable from the date of the decision.

Toll Mermaid Logistics Broome 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