Toll Transport Pty Limited
[2023] FWCA 1089
•14 APRIL 2023
| [2023] FWCA 1089 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Toll Transport Pty Limited
(AG2023/853)
TOLL MINING SERVICES (OLYMPIC DAM OPERATIONS) ENTERPRISE AGREEMENT 2022
| Mining industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 14 APRIL 2023 |
Application for approval of the Toll Mining Services (Olympic Dam Operations) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Toll Mining Services (Olympic Dam Operations) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Toll Transport Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 14 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2023. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519748 PR761103>
Annexure A
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