Toll Group T/A Toll Transport Pty Ltd

[2019] FWCA 5723

[2019] FWCA 5723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Toll Group T/A Toll Transport Pty Ltd
(AG2019/1708)

TOLL RETAIL CONSUMER HEALTHCARE & NATIONAL UNION OF WORKERS SOMERTON NDC ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER PLATT	ADELAIDE, 19 AUGUST 2019

Application for variation of the Toll Retail Consumer Healthcare & National Union of Workers Somerton NDC Enterprise Agreement 2018.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Toll Retail Consumer Healthcare & National Union of Workers Somerton NDC Enterprise Agreement 2018 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act) by Toll Group T/A Toll Transport Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 July 2019.

[3] The Applicant has proposed to vary the Agreement by:

•  Inserting a new clause 11.4 of the Agreement which provides a shift allowance of 25% for casual work performed between 7:00pm and a shift allowance of 30% for casual work performed between midnight and 6:00am.

•  Amending clause 17.2 of the Agreement to provide a 30% shift loafing to full-time employees who work overtime before 6:000am and to provide greater clarity as to its non-application to team members in certain circumstances.

•  Amending clause 19.1 of the Agreement to remove the provision that team members receive either the shift allowance of the overtime rate whichever is the greater.

•  Amend clause 19.2 of the Agreement by renumbering the sub-clauses, providing a definition of afternoon shift and providing that permanent team members will not be required to commence afternoon shift before 1:00pm.

[4] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[5] I note that the National Union of Workers (NUW) continues to be covered by the Agreement.

[6] The Agreement is approved and will operate from 20 July 2017. The nominal expiry date of the Agreement remains 1 July 2021.

[7] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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