Toll Transport Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toll Transport Pty Ltd, applied to the Fair Work Commission for approval of the Toll Air Express (South Australia) Enterprise Agreement 2012. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The primary dispute concerned whether the agreement met the statutory requirements for direct approval and if it contained appropriate provisions for employee protections and workplace relations.

The key legal issues before the Commission were whether the agreement provided fair terms and conditions for employees, aligned with the objectives of the Fair Work Act, and if it met the criteria for direct approval, including whether it facilitated the efficient operation of the business and avoided unnecessary industrial disputes. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employer and employees.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement and assessed them against the relevant statutory provisions. The Commission determined that the agreement was fair and balanced, providing for efficient business operations while ensuring adequate employee protections. The Commission found that the agreement met the criteria for direct approval, as it did not contain any provisions that would be detrimental to employees and aligned with the broader objectives of the Fair Work Act. Consequently, the Commission approved the Toll Air Express (South Australia) Enterprise Agreement 2012 under section 233 of the Fair Work Act 2009.

The Fair Work Commission's decision concluded with the approval of the enterprise agreement, ensuring that it would come into effect on the date of the Commission's decision. The Commission's ruling provided clarity on the agreement's compliance with the Fair Work Act and its alignment with the objectives of maintaining fair and balanced workplace relations.

Toll Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established