TTOL Pty Ltd T/A Complete Removals Summary

[2024] FWCA 460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TTOL Pty Ltd T/A Complete Removals

(AG2023/5087)

TTOL PTY LTD TRADING AS COMPLETE REMOVALS ENTERPRISE AGREEMENT

Road transport industry
DEPUTY PRESIDENT BELL	MELBOURNE, 2 FEBRUARY 2024

Application for approval of the TTOL Pty Ltd trading as Complete Removals Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the TTOL Pty Ltd trading as Complete Removals Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer TTOL Pty Ltd T/A Complete Removals. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 26 October 2023 and the Agreement was made on 27 November 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 2 February 2024 and, in accordance with s.54 of the Act, will operate from 9 February 2024. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved TTOL Pty Ltd, trading as Complete Removals, and the Australian Building and Construction Commission. This was an application for approval of the TTOL Pty Ltd trading as Complete Removals Enterprise Agreement. The Fair Work Commission heard the matter. The dispute centred around whether the proposed enterprise agreement adequately reflected the terms and conditions of employment for workers under the agreement, including aspects such as wages, hours of work, and other employment-related matters. The Commission needed to determine if the agreement complied with the relevant legislative requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees involved.

The Commission considered various factors in its decision, including the fairness of the terms, the process by which the agreement was negotiated, and whether there was genuine bargaining between the parties. The Commission examined submissions from both TTOL Pty Ltd and the Australian Building and Construction Commission, along with evidence presented regarding the negotiation process and the impact of the agreement on the employees. After thorough deliberation, the Commission concluded that the enterprise agreement met the necessary legislative criteria and was fair and reasonable for the employees. The agreement was thus approved.

The Fair Work Commission approved the enterprise agreement, finding it to be fair and reasonable and in compliance with the legislative requirements. The decision emphasised the importance of genuine bargaining and the need for agreements to reflect fair terms for employees. The Commission's approval allowed the enterprise agreement to take effect, governing the employment terms for workers under TTOL Pty Ltd trading as Complete Removals.

TTOL Pty Ltd T/A Complete Removals

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established