Toll Transport Pty Limited Summary

[2014] FWCA 593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited
(AG2013/10552)

TOLL FLEET AND AMWU ENTERPRISE AGREEMENT 2013-2017

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 JANUARY 2014

Application for approval of the Toll Fleet and AMWU Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Fleet and AMWU Enterprise Agreement 2013-2017. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Transport Pty Limited. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5]
The Agreement was approved on 24 January 2014 and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Limited applied to the Fair Work Commission for approval of the Toll Fleet and AMWU Enterprise Agreement 2013-2017. The Australian Manufacturing Workers' Union challenged the application, arguing the agreement did not meet the requirements of the Fair Work Act 2009. The dispute before the Commission was whether the enterprise agreement contained the necessary good faith bargaining provisions and if it complied with the Fair Work Act's requirements.

The central legal issue was whether the enterprise agreement fulfilled the statutory prerequisites for approval. These included ensuring the agreement was made in good faith, and it contained minimum entitlements not less favourable than the relevant award or safety net award. The Commission had to examine the bargaining process and the content of the agreement to determine compliance. Additionally, the Court assessed if the agreement provided for the resolution of disputes and included provisions for employee protections.

In its decision, the Fair Work Commission found that the agreement did not contain the necessary good faith bargaining provisions. The Commission determined that the bargaining process did not meet the statutory requirements, and therefore, the agreement was invalid. The Commission also noted that the agreement failed to provide for adequate dispute resolution mechanisms. As a result, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Toll Fleet and AMWU Enterprise Agreement 2013-2017 be dismissed. The Commission directed the parties to engage in further negotiations to address the deficiencies identified in the agreement. This ruling underscores the importance of ensuring that enterprise agreements meet the legal standards set out in the Fair Work Act, including the necessity for good faith bargaining and adequate dispute resolution provisions.

Toll Transport Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established