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

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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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Toll Transport Pty Limited trading as Toll Fast, the Fair Work Commission was presented with an application for the approval of the Toll Fast Belmont - NUW Enterprise Agreement 2014 - 2016. The parties involved were Toll Fast, the employer, and the National Union of Workers (NUW), representing the employees. The dispute centred around the procedural fairness and the potential consequences of approving the agreement despite concerns about the union's representation and authorisation processes.

The primary legal issues before the court were whether the union had appropriately represented the employees, if the agreement was made in good faith, and whether the process leading to the agreement was procedurally fair. Additionally, the court had to determine whether the union had the authority to sign the agreement on behalf of the employees and whether there were any procedural irregularities that would invalidate the agreement.

The Fair Work Commission thoroughly examined the evidence and submissions from both parties. The court found that there were procedural flaws in the union's representation process, specifically concerning the manner in which the union certified the agreement. Despite these issues, the Commission determined that the union's actions were not so flawed as to render the agreement invalid. The court concluded that the agreement was made in good faith and that the union had the authority to sign it on behalf of the employees. Consequently, the Commission approved the agreement, acknowledging the procedural shortcomings but finding that they did not significantly impact the validity of the agreement.

The final orders of the Commission were to approve the Toll Fast Belmont - NUW Enterprise Agreement 2014 - 2016, notwithstanding the identified procedural irregularities. The court directed that the agreement be registered and enforced as per its terms.

Toll Transport Pty Limited t/a Toll Fast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established