Toll Holdings Limited

[2013] FWCA 8694

[2013] FWCA 8694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Holdings Limited
(AG2013/9903)

TOLL GROUP - TWU ENTERPRISE AGREEMENT 2013-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 NOVEMBER 2013

Application for approval of the Toll Group - TWU Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Group - TWU Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Holdings Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 4 November 2013 undertakings were provided by the Company’s Senior Legal Counsel, Mr D Sloan, in relation to clause 14 (Consultation on workplace change) and clause 15 (Dispute resolution procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Annexure A