Toll Transport Pty Ltd

[2021] FWCA 6802

FAIR WORK COMMISSION

DECISION

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

Toll Transport Pty Ltd
(AG2021/8374)

TOLL DAWSON MINE AND CFMMEU AGREEMENT 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 1 DECEMBER 2021

Application for approval of the Toll Dawson Mine and CFMMEU Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as Toll Dawson Mine and CFMMEU Agreement 2021 (the Agreement). This application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Toll Transport Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (the CFMMEU) 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 is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Toll Transport Pty Ltd, who sought approval for an agreement between Toll Dawson Mine and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The primary issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and met the necessary criteria for approval. The Commission had to consider if the agreement provided fair and reasonable terms and conditions of employment, taking into account the principles of enterprise bargaining and the need to promote harmonious, productive, and economic workplace relations.

The court examined the details of the agreement, including its provisions on wages, conditions, and dispute resolution mechanisms. It also considered submissions from both Toll Transport and the CFMMEU regarding the fairness and appropriateness of the agreement's terms. The Commission's decision hinged on whether the agreement adequately balanced the interests of both parties while adhering to statutory requirements. After reviewing the evidence and submissions, the Fair Work Commission concluded that the agreement was fair and reasonable, thus meeting the necessary criteria for approval.

The Fair Work Commission approved the Toll Dawson Mine and CFMMEU Agreement 2021, finding it to be compliant with the Fair Work Act. The Commission acknowledged the contributions and negotiations of both parties, emphasising that the agreement provided for fair and reasonable terms and conditions. The approval signified the Commission's recognition of the agreement's capacity to foster harmonious and productive workplace relations. As a result, the agreement was endorsed, paving the way for its implementation in the context of the Toll Dawson Mine operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established