DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Transport Workers’ Union of Australia
(AG2014/8673)

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 AUGUST 2015

Application for termination of the STI Linehaul Long Distance General Drivers Enterprise Agreement 2004.

[1] On 15 August 2014 Transport Workers’ Union of Australia made an application to terminate the STI Linehaul Long Distance General Drivers Enterprise Agreement 2004 (the Agreement) pursuant to s.225 of the Fair Work Act 2009 (the Act). The respondent employer does not object to the termination.

[2] I am satisfied that each of the requirements of s.226 of the Act for the termination of an enterprise agreement after its nominal expiry date have been met. Accordingly, the Agreement is terminated.

[3] The termination will come into effect from 20 August 2015.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were the Transport Workers’ Union of Australia and Toll Global Express, a company. The dispute centred on the application by Toll Global Express to terminate the STI Linehaul Long Distance General Drivers Enterprise Agreement 2004. The case was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes. The legal issues before the court included whether the conditions for terminating the enterprise agreement were met and whether the termination would have a detrimental impact on the employees.

The court examined the specific conditions outlined in the Fair Work Act 2009 for terminating an enterprise agreement. It was necessary to determine if the application met the legal criteria, particularly whether the agreement could be terminated by a majority of employees who were not members of the union. The court also considered the potential impact of the termination on the employees, including whether the agreement's termination would lead to a reduction in their terms and conditions of employment.

The Fair Work Commission found that the application met the legal criteria for terminating the enterprise agreement. It concluded that the majority of employees, including those not part of the union, supported the termination. The court further determined that the termination would not have a detrimental impact on the employees' terms and conditions. As a result, the commission approved the termination of the enterprise agreement.

The final orders included the termination of the STI Linehaul Long Distance General Drivers Enterprise Agreement 2004 effective from the specified date. The decision was made based on the legal criteria for termination and the lack of detrimental impact on the employees. The ruling provided clarity on the process for terminating enterprise agreements under the Fair Work Act 2009.

Transport Workers’ Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established