DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport T/A Toll
(AG2018/5789)

TOLL MINING SERVICES DAWSON MINE AND CFMEU AGREEMENT 2018

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the Toll Mining Services Dawson Mine and CFMEU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toll Mining Services Dawson Mine and CFMEU Agreement 2018 (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 T/A Toll on behalf of Toll Transport Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Construction, Forestry, Maritime, Mining and Energy 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Toll Mining Services Dawson Mine and CFMEU Agreement 2018. The dispute centred around the terms of the agreement between the applicant union and Toll Transport T/A Toll concerning the conditions of employment for workers at the Dawson Mine. The matter was heard by Commissioner R.J. Smith, who had to determine whether the agreement was in the best interests of the employees it sought to cover.

The primary legal issue before the court was whether the agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided a safety net of minimum entitlements that were no less favourable than the applicable award or registered agreement, and whether the agreement allowed for a fair balance between the parties' interests. Additionally, the court examined whether the agreement was free from any prohibited content, such as provisions that undermined the right to freedom of association.

Commissioner Smith found that the agreement met the statutory criteria for approval. The agreement provided a comprehensive set of terms and conditions that were no less favourable than the applicable award, ensuring a robust safety net for the employees. The agreement also achieved a fair balance between the interests of the employer and the employees, taking into account the commercial realities of the mining industry. Furthermore, the court concluded that the agreement did not contain any provisions that were contrary to public policy or that undermined the right to freedom of association. Based on these findings, the court approved the agreement, recognising it as a fair and reasonable instrument for regulating the employment relationship between Toll Mining Services and the CFMEU at the Dawson Mine.

The final orders of the court were that the Toll Mining Services Dawson Mine and CFMEU Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to remain in force until it was terminated, varied, or replaced in accordance with the Act. This decision provided clarity and certainty for the parties involved, ensuring that the employment conditions at the Dawson Mine were governed by a fair and legally compliant agreement.

Toll Transport T/A Toll

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established