Toll Holdings Limited T/A Toll

[2022] FWCA 1620

[2022] FWCA 1620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Toll Holdings Limited T/A Toll

(AG2022/1392)

Toll Penfield Enterprise Agreement 2021

Storage services
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2022

Application for approval of the Toll Penfield Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Toll Penfield Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Holdings Limited T/A Toll (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 12 May 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 13 May 2022. The Applicant undertakes that in the event that the company intends to rely on clause 24(g) of the Agreement to vary an employee’s severance payment, the company will ensure that s.120 of the Act is complied with

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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