Toll Holdings Limited T/A Toll

[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

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COMMISSIONER PLATT	ADELAIDE, 16 MAY 2022

Application for approval of the Toll Penfield Enterprise Agreement 2021

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.

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

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

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.

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.

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.

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.

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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CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was by Toll Holdings Limited trading as Toll, for approval of the Toll Penfield Enterprise Agreement 2021. The dispute arose between Toll, an employer, and the Maritime Union of Australia (MUA), representing the employees. The FWC was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The central legal issues the FWC had to address involved whether the agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act. Specifically, the FWC had to consider if the agreement provided fair and reasonable terms for the employees, if it adhered to the principles of good faith bargaining, and if it complied with the procedural requirements set forth in the legislation.

The FWC began by examining the bargaining process, confirming that the agreement was the result of genuine negotiations between the parties. The FWC assessed whether the agreement was made in good faith, taking into account the complexity of the negotiations and the efforts made by both parties to reach a resolution. In terms of the agreement's content, the FWC evaluated the provisions relating to wages, conditions of employment, dispute resolution mechanisms, and other relevant matters. The FWC also considered submissions from both parties and any other relevant evidence provided. After thorough analysis, the FWC determined that the agreement was fair and reasonable and met the necessary statutory requirements. The FWC concluded that the agreement was in the best interests of the employees and approved it under the Fair Work Act.

The FWC's decision was based on its finding that the agreement provided a fair and reasonable outcome for the employees, taking into account their needs and the commercial position of the employer. The FWC also found that the agreement complied with the procedural requirements of the Act and was made in good faith. The FWC's approval of the agreement ensures that the terms and conditions of employment for the employees are legally binding and enforceable. The final orders of the FWC were that the Toll Penfield Enterprise Agreement 2021 be approved and registered under the Fair Work Act. This decision provides certainty for both the employer and the employees and ensures that the agreement will govern their industrial relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established