DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited
(AG2019/1069)

TOLL RETAIL CONSUMER HEALTHCARE WA WAREHOUSING ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the Toll Retail Consumer Healthcare WA Warehousing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll Retail Consumer Healthcare WA Warehousing Enterprise Agreement 2019 (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] 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.

[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 Transport Workers’ Union of Australia 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 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Limited applied to the Fair Work Commission for approval of the Toll Retail Consumer Healthcare WA Warehousing Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009, which requires that the agreement meets specific criteria before it can be approved. The primary dispute centred around whether the agreement was in the best interests of the employees it covered and if it met the requirements of the Fair Work Act.

The legal issues before the Commission were whether the agreement adequately protected employee interests, including minimum wage rates, leave entitlements, and conditions of employment. The Commission also needed to determine if the agreement was genuinely negotiated between the parties and if it provided for the appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement would promote harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including minimum wage rates and leave entitlements, which were in line with the current awards and enterprise agreements. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and contained appropriate dispute resolution mechanisms. The Commission also considered the evidence provided by the parties and concluded that the agreement would promote harmonious, productive, and cooperative workplace relationships.

The Fair Work Commission approved the Toll Retail Consumer Healthcare WA Warehousing Enterprise Agreement 2019, finding that it met all the necessary criteria under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and that it had been genuinely negotiated between the parties. The Commission was also satisfied that the agreement would promote harmonious, productive, and cooperative workplace relationships.

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