Toll Holdings Limited

[2017] FWCA 6556

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Toll Holdings Limited

(AG2017/4619)

Toll – TWU Enterprise Agreement 2017-2020

Road transport industry
Commissioner Lee	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Toll – TWU Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Toll – TWU Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Holdings Limited. The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The National Union of Workers, Transport Workers’ Union of Australia and The Maritime Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Holdings Limited sought approval from the Fair Work Commission for the Toll – TWU Enterprise Agreement 2017-2020. The Transport Workers Union (TWU) was the bargaining agent for the employees involved in the agreement. The dispute centred on the terms and conditions outlined within the agreement, particularly concerning wage increases, working conditions, and other employee entitlements.

The central legal issues before the Fair Work Commission included whether the terms of the agreement were fair and reasonable, and if they complied with the applicable industrial laws and standards. This involved scrutiny of the wage provisions, the balance of rights and obligations between the employer and employees, and the overall fairness of the agreement in light of broader economic and industrial considerations.

The Commission examined the evidence presented by both parties and considered the implications of the proposed agreement on the employees and the company. It was determined that the agreement met the necessary criteria for fairness and reasonableness. The Commission found that the terms, including wage increases and other conditions, were balanced and did not unjustifiably disadvantage either party. The Commission approved the agreement, recognising it as a fair and reasonable outcome for both Toll Holdings Limited and the employees represented by the TWU.

The final orders of the Commission included the approval of the Toll – TWU Enterprise Agreement 2017-2020, with the terms as negotiated and presented by the parties. The agreement was deemed to be in the best interests of both the employer and the employees, and was therefore approved in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established