DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Global Logistics
(AG2020/3733)

TOLL GLOBAL LOGISTICS (MARSDEN PARK) ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 JANUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Marsden Park) 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2021. The nominal expiry date of the Agreement is 15 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Toll Transport Pty Limited, trading as Toll Global Logistics, and the Australian Council of Trade Unions, among others. The matter pertained to the application for the approval of the Toll Global Logistics (Marsden Park) Enterprise Agreement 2020 under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and whether it contained all the necessary terms as required by the Fair Work Act.

The Commission examined the process of bargaining, considering the evidence presented by both parties regarding the negotiation process. It was crucial to determine if the agreement was made in good faith, a fundamental requirement for its approval. The Commission also assessed whether the agreement contained all the mandatory terms specified in the Fair Work Act, ensuring it comprehensively covered all necessary aspects of employment conditions. Furthermore, the Commission evaluated the fairness and reasonableness of the agreement's terms, taking into account the principles of industrial fairness and the broader economic context.

After careful consideration of the evidence and arguments presented, the Commission concluded that the agreement was made in good faith and contained all the necessary terms as required by the Fair Work Act. The Commission found that the agreement was fair and reasonable, considering the specific circumstances of the bargaining process and the terms negotiated. Consequently, the Commission approved the Toll Global Logistics (Marsden Park) Enterprise Agreement 2020.

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