DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll IPEC
(AG2016/4655)

TOLL IPEC MELBOURNE AIRPORT CLERICAL ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the Toll IPEC Melbourne Airport Clerical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll IPEC Melbourne Airport Clerical Enterprise Agreement 2015 (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 T/A Toll IPEC. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Toll Transport Pty Ltd trading as Toll IPEC for the approval of the Toll IPEC Melbourne Airport Clerical Enterprise Agreement 2015. The dispute arose between the employer and its employees, who were represented by the Shop, Distributive and Allied Employees Association (SDA). The application was heard by Deputy President W.J. Bruce, who was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue for the court was to assess whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This involved examining the agreement's coverage, ensuring it was free from prohibited content, and verifying that it had been made in good faith. Additionally, the court had to determine whether the agreement provided for appropriate mechanisms to facilitate its operation, including any necessary dispute resolution processes.

Deputy President Bruce found that the agreement satisfied all the statutory requirements for approval. The court noted that the agreement was comprehensive and included provisions for various working conditions, remuneration, and benefits. It was also found to be free from any prohibited content, such as provisions that would unfairly discriminate or undermine employees' rights. The Deputy President concluded that the agreement had been made in good faith and provided sufficient mechanisms for its operation and resolution of any disputes that might arise. Consequently, the application for approval was granted.

The court ordered that the Toll IPEC Melbourne Airport Clerical Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the employees covered by the agreement.

Toll Transport Pty Ltd T/A Toll IPEC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established