| [2024] FWCA 880 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Toll Transport Pty Limited
(AG2024/318)
TOLL GLOBAL LOGISTICS (HEALTHCARE) ENTERPRISE AGREEMENT 2023
| Storage services | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 8 MARCH 2024 |
Application for approval of the Toll Global Logistics (Healthcare) Enterprise Agreement 2023
Toll Transport Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Toll Global Logistics (Healthcare) Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant 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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
The Agreement was approved on 8 March 2024 and, in accordance with s 54, will operate from 15 March 2024. The nominal expiry date of the Agreement is 31 October 2026.
DEPUTY PRESIDENT
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ANNEXURE A
- AGLC
- Toll Transport Pty Limited [2024] FWCA 880
- Case
- [2024] FWCA 880
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether the proposed agreement was a "better off overall test" agreement, meaning that it provided employees with improved conditions compared to their previous arrangements. The applicant argued that the new agreement would enhance the terms of employment by providing more flexible working hours, improved leave entitlements, and a more efficient dispute resolution process. The Commission needed to assess if the agreement satisfied the legislative criteria and if it was fair and reasonable in light of the parties' circumstances.
The Commission deliberated on the applicant's submission and the potential impact on the employees. It considered the comparative benefits and detriments of the proposed agreement, ensuring that it did not disadvantage employees. The Commission found that the agreement was fair and reasonable, providing tangible benefits to the employees while maintaining a fair balance between the parties' interests. The Commission approved the agreement, acknowledging the applicant's efforts to improve working conditions and provide a more efficient dispute resolution framework.
The Fair Work Commission approved the Toll Global Logistics (Healthcare) Enterprise Agreement 2023, recognising its alignment with the statutory requirements and the fair treatment of employees. This decision highlighted the Commission's role in facilitating fair and balanced agreements that enhance working conditions while protecting the rights of both employers and employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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