DECISION

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

Toll Transport Pty Limited
(AG2019/768)

TOLL GL RCH (OPTUS) ENTERPRISE AGREEMENT 2018-2021

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2019

Application for approval of the Toll GL RCH (Optus) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Toll GL RCH (Optus) Enterprise Agreement 2018-2021 (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. 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 have been met.

[3] The National Union of Workers, New South Wales Branch (NUW) have given notice under s.183 of the Act that they wish 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 19 July 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Senior Manager – Employee Relations and Industrial Relations Group, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[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 5 August 2019. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Toll Transport Pty Limited for approval of the Toll GL RCH (Optus) Enterprise Agreement 2018-2021. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the need for the agreement to provide for minimum rates of pay and conditions of employment. The Commission was tasked with determining if the proposed agreement was in compliance with these legislative provisions.

The legal issues that the Commission had to address were whether the agreement sufficiently outlined the minimum terms and conditions for employees, and if the process by which the agreement was made complied with the procedural requirements set forth in the Act. A key point of contention was whether the agreement provided for minimum rates of pay and conditions, and whether the process for reaching the agreement was fair and in accordance with the law. Additionally, the Commission needed to consider if the agreement was made in good faith and whether it was appropriately certified.

The Commission found that the agreement met the necessary legislative requirements and was made in good faith. It determined that the agreement provided for the minimum rates of pay and conditions of employment as required by the Act. The process leading to the agreement was deemed to be procedurally fair and in compliance with the statutory provisions. The Commission concluded that the agreement was valid and approved it, emphasising the importance of meeting these statutory obligations for the protection of employees' rights and interests.

The Fair Work Commission approved the Toll GL RCH (Optus) Enterprise Agreement 2018-2021, finding it to be compliant with the Fair Work Act 2009 and made in good faith. The Commission's decision highlights the importance of ensuring that enterprise agreements adhere to the statutory minimum terms and conditions and are reached through a fair process.

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