Toll Transport Pty Ltd T/A Toll Air Express Summary

[2013] FWCA 3774

FAIR WORK COMMISSION

DECISION

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

Toll Transport Pty Ltd T/A Toll Air Express
(AG2013/1064)

TOLL AIR EXPRESS (BRISBANE) ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER BOOTH	BRISBANE, 17 JUNE 2013

Application for approval of Toll Air Express (Brisbane) Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Toll Air Express (Brisbane) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Transport Pty Ltd T/A Toll Air Express.

[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] On 29 May 2013 an undertaking was provided by the employer in relation to the Agreement’s Dispute procedure.

[4] A further undertaking was provided by the employer on 13 June 2013. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings are attached to the Agreement and forms part of the Agreement.

[5] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Toll Transport Pty Ltd, trading as Toll Air Express, and its employees. The dispute centred on the application for approval of the Toll Air Express (Brisbane) Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, if it contained the mandatory terms as required by law, and whether it met the criteria for being a single, indivisible agreement. Additionally, the Commission considered if the agreement provided for fair and reasonable terms and conditions for employees, and if it complied with the process for its approval as stipulated in the Fair Work Act.

The Fair Work Commission determined that the Toll Air Express (Brisbane) Enterprise Agreement 2013 had been genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission found that the agreement was a single, indivisible document and that it provided for fair and reasonable terms and conditions for employees. The process for its approval was deemed to be in compliance with the relevant statutory requirements. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the Toll Air Express (Brisbane) Enterprise Agreement 2013 be approved, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the employees covered by it, subject to the provisions of the Fair Work Act and any relevant industrial instruments.

Toll Transport Pty Ltd T/A Toll Air Express

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established