DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited
(AG2019/2907)

TOLL GROUP OPERATIONAL SERVICES ADELAIDE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 23 SEPTEMBER 2019

Application for approval of the Toll Group Operational Services Adelaide Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll Group Operational Services Adelaide Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Toll Transport Pty Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 22 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Limited sought approval of the Toll Group Operational Services Adelaide Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The decision hinged on whether the agreement was free from prohibited content, provided for proper enterprise bargaining, and included appropriate dispute resolution mechanisms.

The central legal issues involved examining the content of the agreement to ensure it complied with the statutory framework. Specifically, the Commission had to determine whether the agreement was genuinely negotiated, contained only permissible provisions, and included adequate dispute resolution procedures. The Commission also considered whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission concluded that the agreement was free from prohibited content and appropriately negotiated. The Commission found that the agreement contained provisions that were necessary and appropriate for the proper operation of the enterprise. Furthermore, the Commission was satisfied that the dispute resolution mechanisms were adequate and that the agreement was in the best interests of the employees. Therefore, the application for approval was successful.

The Fair Work Commission approved the Toll Group Operational Services Adelaide Enterprise Agreement 2019, confirming its validity and effectiveness under the Fair Work Act. This decision ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the relevant employees within the enterprise.

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