DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Global Logistics
(AG2021/4673)

TOLL GLOBAL LOGISTICS NSW HEALTHCARE ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 12 MAY 2021

Application for approval of the Toll Global Logistics NSW Healthcare Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics NSW Healthcare 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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the UWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toll Transport Pty Limited trading as Toll Global Logistics, sought approval of the Toll Global Logistics NSW Healthcare Enterprise Agreement 2020 from the Fair Work Commission (FWC). The respondent, Health Services Union of Australia (HSUA), opposed the application on the basis that the agreement failed to meet the requirements of the Fair Work Act 2009. The application was heard in the Full Bench of the FWC, presided over by Deputy President M.D. Bell.

The central legal issue before the court was whether the Toll Global Logistics NSW Healthcare Enterprise Agreement 2020 was consistent with the provisions of the Fair Work Act and could be approved as a registered agreement. Specifically, the court had to determine if the agreement appropriately balanced the interests of employees and employers and if it complied with the requirements of the Fair Work Act, including whether it was genuinely negotiated and met the procedural fairness standards. Additionally, the court needed to assess whether the agreement adequately addressed the specific needs and circumstances of the workforce.

The Full Bench found that the agreement was genuinely negotiated and met the statutory requirements of the Fair Work Act. The court concluded that the agreement balanced the interests of both parties and adhered to the procedural fairness standards. The Full Bench emphasised that the agreement had undergone a comprehensive negotiation process, with both parties demonstrating a genuine effort to reach an agreement. Furthermore, the court noted that the agreement addressed the specific needs and circumstances of the workforce, providing appropriate protections and benefits. As a result, the Full Bench approved the agreement as a registered enterprise agreement, effective from the date of registration. The court found that the agreement met the necessary criteria and was in the best interest of the parties involved.

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