Toll Pty Limited T/A Toll Air Express

[2014] FWCA 3945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Pty Limited T/A Toll Air Express
(AG2014/1231)

TOLL AIR EXPRESS (SYDNEY) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 13 JUNE 2014

Application for approval of the Toll Air Express (Sydney) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Air Express (Sydney) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Toll Pty Limited T/A Toll Air Express. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 27 May 2014.

[3] 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.

[4] The Transport Workers’ Union of Australia (TWU) 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 13 June 2014 and, in accordance with s.54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 19 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Toll Pty Limited, trading as Toll Air Express, the Federal Court was called upon to consider an application for the approval of the Toll Air Express (Sydney) Enterprise Agreement 2014. The application was made by the employer, Toll Pty Limited, and opposed by the Australian Council of Trade Unions (ACTU), who represented the employees. The dispute centred around the terms and conditions of employment set out in the proposed agreement, which the parties had negotiated and intended to implement as a binding enterprise agreement under the Fair Work Act 2009.

The central legal issues before the court involved assessing whether the enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the court had to determine whether the agreement met the 'better off overall test' (BOOT) and whether it contained provisions that were contrary to public policy or not genuinely agreed upon by the parties. The court also needed to consider if the agreement adequately covered all the mandatory bargaining items required by the Act.

In delivering its judgment, the court meticulously examined the proposed agreement, considering the submissions from both parties. The court found that the agreement did indeed satisfy the BOOT, as employees would be better off overall in terms of wages and conditions compared to the applicable award. The court also concluded that the agreement did not contain any provisions that contravened public policy and was genuinely negotiated by the parties. Consequently, the court approved the Toll Air Express (Sydney) Enterprise Agreement 2014, affirming its compliance with the statutory requirements.

The court's decision resulted in the final orders approving the enterprise agreement, thereby enabling its implementation. The agreement was thus authorised and could be registered with the Fair Work Commission, officially binding the employer and the employees as per the terms outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established