DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A TRGL Equipment
(AG2016/6126)

TRGL EQUIPMENT (TOLL TRANSPORT PTY LIMITED) GOLDFIELDS MAINTENANCE TEAM AGREEMENT 2016 - 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the TRGL Equipment (Toll Transport Pty Limited) Goldfields Maintenance Team Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the TRGL Equipment (Toll Transport Pty Limited) Goldfields Maintenance Team Agreement 2016 - 2020 (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 TRGL Equipment. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 25 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Toll Transport Pty Ltd trading as TRGL Equipment, sought approval for the Goldfields Maintenance Team Agreement 2016 - 2020 from the Fair Work Commission. The application was made under section 236 of the Fair Work Act 2009, which allows the Commission to approve an agreement if it is satisfied that the agreement is appropriate for the workplace. The nature of the dispute was whether the proposed agreement provided fair and reasonable terms and conditions for the employees of the Goldfields Maintenance Team.

The central legal issues that the Commission had to determine were whether the proposed agreement met the criteria for approval under section 236 of the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the agreement was appropriate for the workplace. The Commission also had to consider whether the agreement provided for the proper management of the workplace and whether it provided for the proper protection of employees.

In reaching its decision, the Commission considered the provisions of the proposed agreement and the submissions made by the applicants and the respondents. The Commission found that the proposed agreement met the criteria for approval under section 236 of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was appropriate for the workplace. The Commission also found that the agreement provided for the proper management of the workplace and the proper protection of employees. Accordingly, the Commission approved the Goldfields Maintenance Team Agreement 2016 - 2020.

The Fair Work Commission approved the Goldfields Maintenance Team Agreement 2016 - 2020, finding that it met the criteria for approval under section 236 of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was appropriate for the workplace. The Commission also found that the agreement provided for the proper management of the workplace and the proper protection of employees. The Commission's approval of the agreement means that it will now apply to the employees of the Goldfields Maintenance Team for the period 2016 - 2020.

Toll Transport Pty Ltd T/A TRGL Equipment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established