Toll Transport Pty Ltd

[2013] FWCA 92

[2013] FWCA 92

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Transport Pty Ltd
(AG2012/12673)

TOLL AIR EXPRESS (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2012

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 7 JANUARY 2013

Application for approval of the Toll Air Express (South Australia) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Toll Air Express (South Australia) Enterprise Agreement 2012 (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 Ltd. The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, 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.

[3] On 5 December 2012, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[5] I have sought the views of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2013. The nominal expiry date of the Agreement is 31 October 2015

COMMISSIONER

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