DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limitied T/A Toll Global Logistics
(AG2020/3608)

TOLL GLOBAL LOGISTICS (CHULLORA) ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 23 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Chullora) 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 Limitied 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] The Shop, Distributive and Allied Employees Association and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Toll Transport Pty Limited, trading as Toll Global Logistics, and the Transport Workers Union of Australia. The Transport Workers Union sought approval for the Toll Global Logistics (Chullora) Enterprise Agreement 2020. The application was contentious, with several objections raised by the parties. The primary issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009. This included assessing if the agreement was genuinely negotiated, free from coercion and undue influence, and if it met the procedural requirements for approval.

The Commission considered the evidence presented by both parties regarding the negotiation process, the terms of the agreement, and the fairness of the outcomes for employees. The objections centred on claims that the agreement had been imposed on the workforce and that the procedural fairness was compromised. The Commission carefully examined the evidence and submissions to determine if the Transport Workers Union had genuinely negotiated the agreement and if it was free from coercion and undue influence. The procedural fairness was evaluated based on whether the union had provided adequate information and opportunity for the employees to express their views on the agreement.

In its decision, the Commission found that the agreement had been genuinely negotiated and was free from coercion and undue influence. The Commission acknowledged that there were procedural shortcomings but concluded that these did not significantly impact the fairness of the agreement or the process. The Commission approved the Toll Global Logistics (Chullora) Enterprise Agreement 2020, subject to specific conditions aimed at ensuring ongoing transparency and fairness in the implementation of the agreement. The Commission ordered that the agreement would be registered and would come into effect on the date of the decision.

Toll Transport Pty Limitied 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