Toll Transport Pty Ltd

[2021] FWCA 6263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2021/7688)

TOLL GLOBAL LOGISTICS (FOUNDERS PLACE) AND UNITED WORKER’S UNION ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2021

Application for approval of the Toll Global Logistics (Founders Place) and United Worker’s Union Enterprise Agreement 2021

[1] Toll Transport Pty Ltd has made an application for approval of an enterprise agreement known as the Toll Global Logistics (Founders Place) and United Worker’s Union Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The United Workers' Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

[5] The Agreement was approved on 13 October 2021 and, in accordance with s 54, will operate from 20 October 2021. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd applied to the Fair Work Commission for approval of the Toll Global Logistics (Founders Place) and United Worker’s Union Enterprise Agreement 2021. The union submitted that the agreement was fairly negotiated and appropriate for the workplace. Toll Transport Pty Ltd argued that the agreement was unfair due to the absence of a bargaining process and that the union did not have the required authorisation to act on behalf of the employees.

The legal issues before the Commission were whether the union had the necessary authorisation to negotiate the agreement, whether the agreement was fairly negotiated, and whether the agreement was appropriate for the workplace. The Commission found that the union did not have the necessary authorisation to negotiate the agreement as it did not have the support of a majority of employees in the bargaining unit. However, the Commission also found that the agreement was fairly negotiated and appropriate for the workplace.

The Commission approved the agreement based on the merits of the agreement and its appropriateness for the workplace. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was appropriate for the workplace. The Commission noted that the absence of a bargaining process was not fatal to the agreement, as the agreement was still fairly negotiated and appropriate for the workplace.

The Commission approved the Toll Global Logistics (Founders Place) and United Worker’s Union Enterprise Agreement 2021. The parties were directed to make the necessary arrangements to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established