Toll Transport Pty Limited Summary

[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

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 Global Logistics (Marsden Park) Enterprise Agreement 2023. The applicants sought to implement changes to the terms and conditions of employment for certain employees, including changes to shift patterns and the introduction of performance-based incentives. The respondents, represented by the Transport Workers Union, contested the proposed changes, arguing that they were unfair and would negatively impact employees' work-life balance and job security.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable. The Commission considered the relevant statutory criteria, including whether the agreement promoted economic efficiency and improved productivity. The Commission also considered the impact of the proposed changes on the employees, including whether they would result in a worse-off or worse-on balance position for the employees.

After considering the evidence and arguments presented by both parties, the Commission determined that the proposed changes to the enterprise agreement were fair and reasonable. The Commission found that the changes would promote economic efficiency and improve productivity, and that the potential negative impacts on employees were outweighed by the benefits to the company. The Commission also noted that the proposed changes provided for increased flexibility and choice for employees, allowing them to tailor their work arrangements to their individual needs and preferences.

The Commission approved the Toll Global Logistics (Marsden Park) Enterprise Agreement 2023, subject to certain conditions and modifications. The final orders of the Commission included the approval of the agreement, with specific provisions relating to shift patterns and performance-based incentives. The parties were also required to undertake certain obligations, including providing training and support to employees to facilitate the successful implementation of the agreement.

Toll Transport Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established