Toll Transport Pty Limited Summary

[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

Annexure A

The applicant, Toll Transport Pty Limited, applied to the Fair Work Commission for approval of the Toll Global Logistics and United Workers Union Enterprise Agreement 2024. The respondent, the United Workers Union, represented the employees. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions that mandate the approval of enterprise agreements by a majority vote of the employees involved.

The central legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Act. This included determining whether the agreement provided for the proper representation of employees, and if the agreement contained all the required terms and conditions of employment as stipulated by law. Additionally, the Commission had to consider if the agreement complied with the "better off overall test" which requires that the agreement should not disadvantage employees relative to their previous conditions of employment.

After reviewing the submissions from both parties and considering the evidence presented, the Commission found that the agreement did meet the statutory requirements for approval. The agreement was deemed to provide adequately for the representation of employees and contained all the necessary terms and conditions. The Commission was satisfied that the agreement passed the better off overall test, ensuring that employees would not be worse off under the new terms. Accordingly, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Toll Global Logistics and United Workers Union Enterprise Agreement 2024, and ordered that it be registered. The agreement was to take effect from the date of the Commission's decision, governing the employment terms and conditions for the employees represented by the union.

Toll Transport Pty Limited

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