Toll Transport Pty Limited
[2025] FWCA 237
•22 JANUARY 2025
| [2025] FWCA 237 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Toll Transport Pty Limited
(AG2024/4597)
TOLL GLOBAL LOGISTICS AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 22 JANUARY 2025 |
Application for approval of the Toll Global Logistics and United Workers Union Enterprise Agreement 2024.
An application has been made by Toll Transport Pty Limited (Applicant) for approval of an enterprise agreement known as the Toll Global Logistics and United Workers Union Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.
Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). Concerns were raised that this requirement was not met in relation to clauses A25, C17, G14, 37 and 31.7 of the Agreement regarding the notification for taking personal/carer leave, compassionate leave for stillbirth, and withholding monies for terminations for the purposes of the NES in accordance with s. 187(4) and s. 196 of the Act. Section 190 provides that the Commission may approve an agreement if satisfied that undertakings that meet concerns raised that an agreement does not meet the tests in ss. 186 or 187 meet those concerns. In response to the concerns raised the Applicant provided undertakings.
Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A. Concerns were raised with the Applicant as to whether the Agreement passed the BOOT, In response to the concerns, the Applicant has provided undertakings.
A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings meet the concerns raised, will not cause financial detriment to any employee covered by the Agreement, and will not result in substantial changes to the Agreement.
The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.
The United Workers Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.
The Agreement was approved 22 January 2025 and will operate from 29 January 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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