DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited
(AG2021/6611)

TOLL EQUIPMENT AND AWU (SYDNEY WORKSHOP) ENTERPRISE AGREEMENT 2021-2023

Vehicle industry
DEPUTY PRESIDENT DEAN	CANBERRA, 16 AUGUST 2021

Application for approval of the Toll Equipment and AWU (Sydney Workshop) Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Toll Equipment and AWU (Sydney Workshop) Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Transport Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Limited sought approval of the Toll Equipment and AWU (Sydney Workshop) Enterprise Agreement 2021-2023. The agreement was contested by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on various provisions within the enterprise agreement, particularly those related to employee entitlements, shift patterns, and the classification of certain roles. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial disputes.

The legal issues before the Commission were whether the provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net of minimum entitlements, whether the agreement was free from prohibited content, and if it was made in good faith. The AMWU argued that certain provisions did not adequately protect employee entitlements and failed to meet the standards set by the Act.

The Commission found that while most of the provisions in the enterprise agreement were consistent with the requirements of the Act, some clauses relating to shift patterns and employee entitlements did not sufficiently protect employees. The Commission noted that the agreement failed to provide clear and fair provisions on shift patterns, which impacted the work-life balance of employees. Additionally, the classification of certain roles was found to be ambiguous, potentially disadvantaging employees. The Commission emphasised the importance of clear and fair terms in enterprise agreements to ensure compliance with the Act. Consequently, the application for approval was not granted in its entirety.

The Fair Work Commission ordered that the enterprise agreement be returned to the parties for amendment to address the identified issues. The parties were directed to revise the clauses concerning shift patterns and employee entitlements to ensure they provided adequate protections and complied with the Act. The revised agreement would then be reconsidered by the Commission for approval. This decision underscores the importance of clear and fair terms in enterprise agreements to ensure compliance with the Fair Work Act.

Toll Transport Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established