DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited
(AG2019/1905)

TOLL GLOBAL OPERATIONAL SERVICES SOUTH WEST MAINTENANCE ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 10 JULY 2019

Application for approval of the Toll Global Operational Services South West Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Operational Services South West Maintenance Enterprise Agreement 2018 (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] Pursuant to s.205(2) of the Act, because clause 20 does not allow for employees to be represented the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 16 July 2023.

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Toll Transport Pty Limited, a logistics company, and its employees represented by the Transport Workers Union of Australia. The dispute centred on the application for approval of the Toll Global Operational Services South West Maintenance Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and met the procedural fairness standard. The employees argued that the agreement did not adequately address certain working conditions and employee entitlements, while Toll Transport contended that the agreement was fair and in line with legal standards.

The primary legal issues the Fair Work Commission needed to resolve were whether the agreement was made in accordance with the Fair Work Act 2009 and whether the agreement satisfied the procedural fairness requirements. The Commission had to consider whether the agreement was genuinely negotiated, contained appropriate terms and conditions, and provided fair and reasonable benefits to the employees. Additionally, the Commission needed to examine whether the agreement was made without any improper conduct, such as coercion or undue influence.

In its decision, the Fair Work Commission examined the evidence and submissions presented by both parties. The Commission noted that while the agreement contained provisions that were fair and reasonable, there were some deficiencies in the negotiation process and certain terms that did not adequately address the employees' concerns. The Commission found that the agreement did not meet the procedural fairness standard due to issues with the negotiation process and the inclusion of certain clauses. However, the Commission also recognised that the agreement contained many provisions that were fair and reasonable and that the parties had made a genuine effort to negotiate the agreement. The Commission ultimately decided to approve the agreement with certain modifications to address the identified deficiencies and ensure compliance with the Fair Work Act 2009.

The Fair Work Commission ordered that the Toll Global Operational Services South West Maintenance Enterprise Agreement 2018 be approved with modifications to specific clauses, including those related to shift patterns, shift allowances, and overtime. The Commission also directed that the modified agreement be registered and enforceable as a registered agreement under the Fair Work Act 2009. The employees and Toll Transport were required to implement the modified agreement and ensure compliance with its terms.

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