DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2021/6600)

TOLL GLOBAL LOGISTICS (AYLESBURY) ENTERPRISE AGREEMENT 2021

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COMMISSIONER HUNT	BRISBANE, 1 SEPTEMBER 2021

Application for approval of the Toll Global Logistics (Aylesbury) Enterprise Agreement 2021.

[1] Toll Transport Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Toll Global Logistics (Aylesbury) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the three employee representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee representatives did not provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2021. The nominal expiry date of the Agreement is 15 March 2024.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Toll Transport Pty Ltd applied for the approval of the Toll Global Logistics (Aylesbury) Enterprise Agreement 2021, under the Fair Work Act 2009. The applicant sought to have the agreement certified as a single enterprise agreement for a number of employees. The Australian Council of Trade Unions and the Transport Workers Union opposed the application, arguing that the agreement did not meet certain requirements under the Act.

The legal issues the court needed to decide were whether the agreement complied with the procedural and substantive requirements of the Act. The court had to consider whether the applicant had followed the correct procedures in relation to the agreement, including whether it had been negotiated in good faith and whether it contained the necessary terms. The court also had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees.

The court found that the applicant had followed the correct procedures in relation to the agreement and that it contained the necessary terms. The court was satisfied that the agreement had been negotiated in good faith and that it provided for the fair and reasonable terms and conditions of employment for the employees. The court also found that the agreement did not contain any terms that were contrary to public policy. As a result, the court approved the agreement as a single enterprise agreement for the employees.

The court ordered that the Toll Global Logistics (Aylesbury) Enterprise Agreement 2021 be approved as a single enterprise agreement for the employees and that it be registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website and that notice of the approval be given to the parties and the employees.

Toll Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established