DECISION

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

Toosey Ltd T/A Toosey
(AG2021/4219)

TOOSEY ENTERPRISE AGREEMENT 2021 - 2025

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 APRIL 2021

Application for approval of the Toosey Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Toosey Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toosey Ltd T/A Toosey. The Agreement is a single enterprise agreement.

[2] The employer 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] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 6 April 2021 and, in accordance with s.54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Toosey Ltd, trading as Toosey, applied to the Fair Work Commission for the approval of the Toosey Enterprise Agreement 2021-2025. The applicant, a construction company, sought to formalise its employment terms with its employees through this agreement. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009 and relevant industrial instruments. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issues addressed by the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the procedural requirements outlined in the Fair Work Act. The Commission also had to consider if the agreement was consistent with any applicable awards, agreements, or other industrial instruments. Additionally, the fairness of the agreement in the context of the overall bargaining process and the protection of employee rights was scrutinised.

The Commission examined the agreement in detail, considering submissions from both the applicant and the employees' representatives. It assessed whether the proposed terms were fair and reasonable, taking into account the bargaining power of the parties, the economic context, and the need for a balance between the interests of the employer and the employees. The Commission concluded that the agreement was fair and reasonable and met all necessary legal criteria. Consequently, the application for approval was successful.

The Fair Work Commission approved the Toosey Enterprise Agreement 2021-2025, effective from the date of the decision. This decision provided certainty and clarity for both the employer and the employees, ensuring that the terms of employment were legally compliant and reasonably fair.

Toosey Ltd T/A Toosey

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established