Toll North Pty Ltd T/A Toll Mining Services

[2014] FWCA 6307

FAIR WORK COMMISSION

DECISION

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

Toll North Pty Ltd T/A Toll Mining Services
(AG2014/8577)

TOLL MINING SERVICES NORTH DYNO CONTRACT (DAWSON MINE) AND CFMEU AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 SEPTEMBER 2014

Application for approval of the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2014.

[1] Toll North Pty Ltd t/a Toll Mining Services applies for approval of an enterprise agreement known as the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2014. The nominal expiry date of the Agreement is 1 January 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Toll North Pty Ltd, trading as Toll Mining Services, sought approval for the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2014. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), raised objections to certain terms of the agreement. The Commission was tasked with determining whether the agreement was consistent with the Fair Work Act 2009 and met the necessary standards for approval.

The primary legal issue before the Commission was whether the agreement's terms were in accordance with the requirements set out in the Fair Work Act. This included examining whether the agreement provided for the proper classification of employees, adequate minimum rates of pay, and whether it adhered to the principles of good faith bargaining. The Commission also considered whether the agreement appropriately balanced the interests of both parties and whether it complied with any relevant industry codes or awards.

The Commission examined the evidence presented by both parties, focusing on the agreement's provisions regarding classification, pay rates, and other employment conditions. The Commission found that the agreement generally met the legal standards required by the Fair Work Act. It determined that the classification and pay rates were reasonable and that the agreement demonstrated good faith bargaining. The Commission also noted that the agreement appropriately balanced the interests of both parties and was consistent with relevant industry standards.

Following its analysis, the Commission approved the Toll Mining Services North Dyno Contract (Dawson Mine) and CFMEU Agreement 2014. This decision was made on the basis that the agreement was fair and met the necessary legal requirements. The Commission's approval ensures that the terms of the agreement are legally binding and enforceable 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