DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Mining Services
(AG2016/5773)

TOLL MINING SERVICES (MOOLART WELL OPERATIONS) ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Toll Mining Services (Moolart Well Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Mining Services (Moolart Well Operations) Enterprise Agreement 2016 (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 Mining Services. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 13 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Toll Transport Pty Ltd, trading as Toll Mining Services, an application was made to the Fair Work Commission for the approval of the Toll Mining Services (Moolart Well Operations) Enterprise Agreement 2016. The dispute centred on the provisions within the proposed agreement, specifically concerning the terms and conditions of employment for workers in the Moolart Well Operations. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission had to consider if the agreement was genuinely negotiated and if it met the minimum standards for employee entitlements. Additionally, the Commission needed to ensure that the agreement provided for fair and reasonable terms and conditions, taking into account the specific needs and circumstances of the employees involved.

The Fair Work Commission, after reviewing the submissions and evidence provided, concluded that the proposed agreement did not meet the necessary standards for approval. The Commission found that certain provisions within the agreement were not genuinely negotiated and did not provide for fair and reasonable terms and conditions. Consequently, the application for approval of the Toll Mining Services (Moolart Well Operations) Enterprise Agreement 2016 was dismissed. The Commission's decision highlighted the importance of genuine negotiation and adherence to statutory minimum standards in the formation of enterprise agreements.

Toll Transport Pty Ltd T/A Toll Mining Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established