DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Global Logistics
(AG2021/5399)

TOLL GLOBAL LOGISTICS (PRESTONS) ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 23 JUNE 2021

Application for approval of the Toll Global Logistics (Prestons) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Prestons) Enterprise Agreement 2020 (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 Global Logistics. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 30 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Toll Transport Pty Limited trading as Toll Global Logistics, the Fair Work Commission was presented with an application for the approval of the Toll Global Logistics (Prestons) Enterprise Agreement 2020. The application was brought forth by Toll Transport, and the primary parties involved included the company and its employees represented by the Transport Workers Union of Australia. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically addressing wage rates, working conditions, and other employment-related matters.

The central legal issues that the commission had to resolve were whether the agreement complied with the provisions of the Fair Work Act 2009, and if it met the requirements for "registration" under the Fair Work Regulations 2009. This involved scrutinising the fairness of the agreement, considering if it provided for a safety net of minimum entitlements, and ensuring that it was free from any elements that would undermine the integrity of the workplace relations system. Additionally, the commission needed to assess whether the agreement had been fairly and appropriately negotiated.

In its decision, the commission found that the Toll Global Logistics (Prestons) Enterprise Agreement 2020 was largely compliant with the statutory requirements. The agreement was deemed to provide for a safety net of minimum entitlements and did not contain any provisions that were contrary to the public interest. The commission acknowledged the efforts made by both parties in negotiating the agreement and determined that it had been fairly and appropriately negotiated. Consequently, the commission approved the agreement, thereby enabling its implementation from the specified commencement date.

Toll Transport Pty Limited T/A Toll Global Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established