DECISION

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

Toll Transport Pty Ltd T/A Toll Mining Services
(AG2016/2661)

TOLL MINING SERVICES (OLYMPIC DAM OPERATIONS) ENTERPRISE AGREEMENT 2016

Mining industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 APRIL 2016

Application for approval of the Toll Mining Services (Olympic Dam Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Mining Services (Olympic Dam 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2016. The nominal expiry date of the Agreement is 11 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Toll Mining Services (Olympic Dam Operations) Enterprise Agreement 2016. The applicant, Toll Transport Pty Ltd trading as Toll Mining Services, sought the approval of the agreement under the Fair Work Act 2009. The application was contested by the Australian Workers' Union, which argued that the agreement did not meet the requirements for approval under the Act.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, had been fairly negotiated, and contained the necessary minimum terms and conditions as outlined in the Act. The court also had to consider if the agreement was in the best interests of the employees covered by it.

In its reasoning, the court examined the process by which the agreement was negotiated and the content of the agreement itself. The court found that the agreement was genuinely negotiated between the parties, as evidenced by the documented negotiation process. Furthermore, the court determined that the agreement contained all the required minimum terms and conditions and was in the best interests of the employees. The court concluded that the application met the statutory requirements for approval and granted the approval sought by Toll Transport Pty Ltd.

The final orders of the court were that the Toll Mining Services (Olympic Dam Operations) Enterprise Agreement 2016 be approved under section 231 of the Fair Work Act 2009. The approval was effective from the date of the court's decision and applied to the employees covered by the agreement.

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