Toll North Pty Ltd

[2013] FWCA 1189

FAIR WORK COMMISSION

DECISION

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

Toll North Pty Ltd
(AG2013/317)

TOLL MINING SERVICES NORTH DYNO CONTRACT (DAWSON MINE) AND CFMEU AGREEMENT 2012

Coal industry
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2013

Application for approval of the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll North Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2013. The nominal expiry date of the Agreement is 1 January 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Toll North Pty Ltd, the employer, and the Construction, Forestry, Mining and Energy Union, the union. The dispute centred on the application for approval of the Toll Mining Services North Dyno Contract (Dawson Mine) and the CFMEU Agreement 2012. The application was brought under section 235 of the Fair Work Act 2009, seeking the Commission's approval for the proposed agreement which would govern the terms and conditions of employment for certain workers.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, and if it was free from any illegal content. The Commission also had to assess whether the agreement had been made in good faith and whether it complied with the procedural fairness requirements outlined in the Act.

The Commission found that the proposed agreement was fair and efficient, providing for appropriate terms and conditions of employment. The agreement was deemed to meet the requirements for an enterprise agreement under the Fair Work Act, as it provided for a fair and efficient workplace and was free from any illegal content. Furthermore, the Commission concluded that the agreement had been made in good faith and complied with the procedural fairness requirements. The Commission approved the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2012, thereby resolving the dispute between the parties.

In light of the Commission's approval, the employer and union were required to implement the terms of the agreement as per the provisions set out in the Fair Work Act. The approved agreement would govern the terms and conditions of employment for the relevant workers at the Dawson Mine, ensuring a fair and efficient workplace for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established