Toll Transport Pty Limited T/A Toll Shipping

[2023] FWCA 854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Shipping

(AG2023/485)

TOLL TRANSPORT PTY LTD KC ENTERPRISE AGREEMENT 2022

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 MARCH 2023

Application for approval of the Toll Transport Pty Ltd KC Enterprise Agreement 2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Toll Transport Pty Ltd KC Enterprise Agreement 2022 (Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2023. The nominal expiry date of the Agreement is 4 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Limited, trading as Toll Shipping, applied to the Fair Work Commission for the approval of the Toll Transport Pty Ltd KC Enterprise Agreement 2022. The primary dispute concerned the terms and conditions of employment for employees within the KC enterprise, with a focus on whether the agreement adequately reflected the principles of the Fair Work Act 2009. The Fair Work Commission, led by Commissioner O'Brien, was tasked with reviewing the application and determining its compliance with the Act.

The key legal issues before the Commission were whether the agreement provided appropriate protections and benefits to employees and whether it complied with the requirements of the Fair Work Act, including provisions related to minimum entitlements, dispute resolution mechanisms, and the process for developing the agreement. The Commission needed to assess if the agreement was genuinely negotiated and if it met the standards set out in the Act.

The Commission concluded that the agreement was compliant with the Fair Work Act. It was determined that the agreement provided appropriate protections and benefits to employees and adhered to the principles of the Act. The Commission noted the thorough process undertaken by the parties in negotiating the agreement and found that it included provisions for minimum entitlements and dispute resolution, as well as a transparent negotiation process. The Commission approved the Toll Transport Pty Ltd KC Enterprise Agreement 2022, deeming it to be fairly and genuinely negotiated and compliant with all legislative requirements.

The final orders of the Commission were to approve the Toll Transport Pty Ltd KC Enterprise Agreement 2022, effective from the date of the decision, subject to the terms and conditions specified in the agreement. The approval was contingent upon the parties adhering to the terms and maintaining compliance with the Fair Work Act throughout the life of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established