DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Holdings Limited T/A Toll Global Logistics
(AG2021/3953)

TOLL PENFIELD ENTERPRISE AGREEMENT 2020

Road Transport
COMMISSIONER PLATT	ADELAIDE, 3 MARCH 2021

Application for approval of the Toll Penfield Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll Penfield Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Holdings Limited T/A Toll Global Logistics (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 March 2021.

[3] The United Workers’ Union, 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.

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

[5] 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 31 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Holdings Limited T/A Toll Global Logistics applied for the approval of the Toll Penfield Enterprise Agreement 2020, which outlines the terms and conditions of employment for its employees. The application was lodged with the Fair Work Commission, which is responsible for approving and registering enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including the provisions on wages, conditions, and dispute resolution mechanisms.

The legal issues the court had to address included whether the agreement provided for fair and reasonable wages and conditions, and whether it contained appropriate dispute resolution procedures. Additionally, the court needed to determine whether the agreement complied with the statutory requirements for employee consultation and whether it was free from any invalid or unenforceable clauses. The application also required the court to assess whether the agreement met the 'better off overall test', which mandates that the agreement must not be worse for employees than the applicable award or previous agreement.

The Fair Work Commission found that the Toll Penfield Enterprise Agreement 2020 was compliant with the statutory requirements and met the 'better off overall test'. The court acknowledged that the agreement provided for fair and reasonable wages and conditions and contained appropriate dispute resolution procedures. The Commission noted that the agreement had been negotiated in good faith and that employees had been adequately consulted throughout the negotiation process. The court also determined that there were no invalid or unenforceable clauses in the agreement. As a result, the Commission approved the agreement and ordered its registration with the Fair Work Ombudsman.

Toll Holdings Limited T/A Toll Global Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established