Toll Pty Ltd T/A Toll Fleet Summary

[2014] FWCA 2919

The attached document replaces the document previously issued with the above code on 6 May 2014.

The document corrects a typographical error in the spelling of Fleet in the main title.

Mark Evans

Associate to Commissioner Riordan

Dated 7.05.14

[2014] FWCA 2919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Pty Ltd T/A Toll Fleet
(AG2014/3861)

TOLL FLEET AND AWU ENTERPRISE AGREEMENT 2013 - 2017

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 6 MAY 2014

Application for approval of the Toll Fleet and AWU Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as Toll Fleet and AWU Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union 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 the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 28 April 2014, which included undertaking in support of the application, made and duly signed by the authorised Employer Representative proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Toll Pty Ltd trading as Toll Fleet, an application was made to the Fair Work Commission for the approval of the Toll Fleet and Australian Workers' Union Enterprise Agreement 2013-2017. The applicant, Toll Fleet, sought the endorsement of the agreement which had been negotiated with the union, aiming to regulate employment conditions for the period between 2013 and 2017. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements set forth in the Fair Work Act and whether it met the criteria for being a "single interest" employer agreement. The Commission had to examine the procedural fairness of the agreement, ensuring that it was genuinely negotiated and that it adhered to the procedural fairness requirements under the Act. Additionally, the Commission needed to assess whether the agreement contained terms that were contrary to public policy or that were otherwise unlawful.

The Commission found that the agreement was procedurally sound and had been genuinely negotiated between the parties. It was determined that the agreement met the statutory requirements for approval and did not contravene any public policy considerations. The Commission was satisfied that the agreement was beneficial to the employees and was in line with the principles of the Fair Work Act. The Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment conditions of the workers involved.

The Fair Work Commission granted the application for the approval of the Toll Fleet and Australian Workers' Union Enterprise Agreement 2013-2017. The agreement was endorsed as meeting all legal requirements and was deemed suitable for implementation. The decision confirmed the validity of the agreement and allowed it to be used as a basis for employment conditions between the parties for the specified period.

Toll Pty Ltd T/A Toll Fleet

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established