Toll Transport Pty Limited t/a Toll Fast

[2015] FWCA 7347

[2015] FWCA 7347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited t/a Toll Fast
(AG2015/5767)

TOLL FAST BELMONT – NUW ENTERPRISE AGREEMENT 2014 - 2016

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 OCTOBER 2015

Application for approval of the Toll Fast Belmont - NUW Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Fast Belmont - NUW Enterprise Agreement 2014 - 2016 (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 t/a Toll Fast. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 October 2015 and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 11 October 2016.

DEPUTY PRESIDENT

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Annexure A