Toll Transport Pty Limited
[2024] FWCA 993
•20 MARCH 2024
| [2024] FWCA 993 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Toll Transport Pty Limited
(AG2024/541)
TOLL GLOBAL LOGISTICS (MARSDEN PARK) ENTERPRISE AGREEMENT 2023
| Storage services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 20 MARCH 2024 |
Application for approval of the Toll Global Logistics (Marsden Park) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Marsden Park) Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that clauses 30 and 38 raise issues of potential inconsistencies with the National Employment Standards (NES). However, I also note that Clause 8.2 of the Agreement provides that where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 September 2026.
DEPUTY PRESIDENT
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Annexure A
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