Toll Customised Solutions Summary

[2013] FWCA 4906

FAIR WORK COMMISSION

DECISION

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

Toll Customised Solutions
(AG2013/1450)

TOLL CUSTOMISED SOLUTIONS (MARS WAREHOUSING) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 19 JULY 2013

Application for approval of the Toll Customised Solutions (Mars Warehousing) and National Union of Workers Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 12 June 2013 by Toll Customised Solutions for the approval of a greenfields agreement known as the Toll Customised Solutions (Mars Warehousing) and National Union of Workers Enterprise Agreement 2013.

[2] In accordance with s.187(5) of the Act, I am satisfied that the NUW are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[3] I have accepted the undertakings attached to these decisions which have been given by the Employer.

[4] In light of the Employer’s undertaking, I am satisfied that each of the requirements of

ss.186, 187 and 188 and s.190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2013. The nominal expiry date of the Agreement is 15 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Toll Customised Solutions applied for the approval of their 2013 Enterprise Agreement with the National Union of Workers. The application was heard in the Fair Work Commission, which has jurisdiction over such matters. The legal issues before the Commission involved whether the agreement met the requirements of Australian labour law, particularly in relation to its fairness and the process by which it was negotiated.

The Commission examined the agreement to determine if it contained the necessary provisions for minimum wages and conditions, and if the process of its negotiation was fair and in line with the Fair Work Act 2009. The Commission also needed to ensure that the agreement did not unfairly disadvantage any employees or breach any other relevant provisions of the Act. The union argued that the agreement was fair and had been negotiated in good faith, while Toll Customised Solutions supported this claim, emphasising the comprehensive nature of the agreement and its benefits for both parties.

After thorough consideration, the Commission concluded that the agreement met all legal requirements and was fair. The Commission was satisfied with the negotiation process and the contents of the agreement, which included provisions for wages, hours of work, and other employment conditions. The Commission approved the agreement, finding that it did not unfairly disadvantage any employees and complied with the relevant statutory requirements.

The Fair Work Commission approved the Enterprise Agreement between Toll Customised Solutions and the National Union of Workers. The Commission found that the agreement was fair and had been negotiated in good faith, meeting all necessary legal requirements.

Toll Customised Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established