DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Mining Services
(AG2017/703)

TOLL MINING SERVICES (CIVIL OPERATIONS) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 APRIL 2017

Application for approval of the Toll Mining Services (Civil Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Mining Services (Civil Operations) Enterprise Agreement 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 10 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Toll Mining Services (Civil Operations) Enterprise Agreement 2017. The applicant, Toll Transport Pty Ltd trading as Toll Mining Services, sought the Fair Work Commission's approval of the proposed enterprise agreement, which aimed to govern the employment conditions of its workers. The legal issues before the court centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically addressing the process through which the agreement was formed, its compliance with procedural fairness, and its substantive fairness.

The court examined the processes that led to the formation of the agreement, including whether the necessary steps were followed to ensure that the agreement was genuinely negotiated. This involved assessing whether the applicant had acted in good faith and whether the agreement was made free from any duress or coercion. The court also considered the procedural fairness of the agreement, ensuring that the employees had an adequate opportunity to be involved in the negotiation process and to understand the terms of the agreement. Additionally, the substantive fairness of the agreement was evaluated to ensure that it provided a fair and reasonable outcome for both the employer and the employees.

After conducting a thorough review, the court found that the agreement satisfied the statutory requirements for approval. The court determined that the negotiation process was conducted in good faith and that the employees had been given a fair opportunity to participate in the negotiation process. The court also concluded that the agreement was substantively fair, providing a balanced outcome for both the employer and the employees. Consequently, the court approved the Toll Mining Services (Civil Operations) Enterprise Agreement 2017, recognising it as a genuine and fair agreement that met the necessary legal standards.

The final orders of the court approved the enterprise agreement as proposed, and it was to be registered with the Fair Work Commission. This decision provided clarity and legal certainty for both Toll Transport Pty Ltd and its employees, ensuring that the agreement would govern their employment conditions moving forward.

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