Toll Remote Logistics Pty Ltd

[2013] FWCA 7946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Remote Logistics Pty Ltd
(AG2013/2967)

TOLL REMOTE LOGISTICS QLD BMA AIRPORTS SECURITY OFFICERS AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2013

Application for approval of the Toll Remote Logistics QLD BMA Airports Security Officers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toll Remote Logistics QLD BMA Airports Security Officers Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Remote Logistics Pty Ltd. 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] United Voice, 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Toll Remote Logistics Pty Ltd, an applicant seeking approval of the Toll Remote Logistics Queensland Branch Management Agreement Airports Security Officers Agreement 2013. The dispute arose in the Fair Work Commission, which was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The legal issues centred around whether the agreement met the necessary criteria for approval, specifically whether it provided for fair and reasonable terms and conditions and whether it was in the interests of the employees.

The Commission examined the agreement's provisions, including pay rates, working conditions, and dispute resolution mechanisms. It considered whether the agreement adequately protected the rights of the employees and ensured fair treatment. The Commission also assessed whether the agreement was genuinely negotiated and whether it provided for a fair and reasonable balance of rights and obligations between the employer and employees. Ultimately, the Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees, given the fair terms and conditions it provided.

In its decision, the Fair Work Commission approved the agreement, finding it to be fair and reasonable. The Commission determined that the agreement provided for appropriate pay rates, working conditions, and dispute resolution mechanisms that balanced the rights and obligations of both parties. The approval of the agreement ensures that the employees covered by the agreement receive fair and reasonable terms and conditions of employment, as well as adequate protection of their rights. The Commission's decision affirms the importance of ensuring that agreements are genuinely negotiated and provide for fair and reasonable terms to benefit both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established