DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Tasmania Seaquip
(AG2017/759)

TOLL TASMANIA SEAQUIP ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 APRIL 2017

Application for approval of the Toll Tasmania Seaquip Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Tasmania Seaquip Enterprise Agreement 2016 (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 T/A Toll Tasmania Seaquip. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 April 2017 and, in accordance with s.54, will operate from 25 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toll Transport Pty Limited trading as Toll Tasmania Seaquip, applied to the Fair Work Commission for the approval of the Toll Tasmania Seaquip Enterprise Agreement 2016. The application arose in the context of a dispute between the applicant and its employees, who were members of a union. The Fair Work Commission is tasked with considering such applications and determining whether the agreement should be certified as meeting the legal requirements for a registered agreement.

The primary legal issue before the Commission was whether the agreement complied with the statutory provisions of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the criteria for registration, including whether it had been made in good faith, contained the minimum terms and conditions, and was free from any prohibited content. Additionally, the Commission needed to determine whether the agreement had been made in accordance with the prescribed process, which included whether the necessary consultations and bargaining had occurred.

The Commission examined the evidence provided by both parties and found that the agreement had been made in good faith and contained all the required minimum terms and conditions. The Commission also concluded that the agreement had been made in accordance with the prescribed process, with adequate consultation and bargaining having taken place. The Commission was satisfied that the agreement was free from any prohibited content and met all the necessary criteria for registration. As a result, the Commission approved the Toll Tasmania Seaquip Enterprise Agreement 2016.

The Fair Work Commission approved the Toll Tasmania Seaquip Enterprise Agreement 2016, finding that it complied with the statutory provisions of the Fair Work Act 2009. The Commission found that the agreement had been made in good faith, contained the minimum terms and conditions, and was free from any prohibited content. The Commission also determined that the agreement had been made in accordance with the prescribed process, with adequate consultation and bargaining having occurred.

Toll Transport Pty Limited T/A Toll Tasmania Seaquip

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established