Toll Transport Pty Ltd

[2020] FWCA 1699

[2020] FWCA 1699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/5087)

TOLL GLOBAL LOGISTICS (TULLAMARINE) ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 30 MARCH 2020

Application for approval of the Toll Global Logistics (Tullamarine) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Tullamarine) Enterprise Agreement 2019 (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 Ltd. 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers Union 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 6 April 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No.: G2019/5043 Application for Approval of Enterprise Agreement – Toll Global Logistics (Tullamarine) and United Workers Union Enterprise Agreement 2019 

Applicant:

Toll Transport Pty Ltd 

Section 185 – Application for approval of a single enterprise agreement

Undertaking- Section 190 

I, Katrina de Lange Savage – General Manager, Employee Relations – Australia and New Zealand, for Toll Holdings Pty Ltd give the following undertaking with respect to the Toll Global Logistics (Tullamarine) and United Workers Union Enterprise Agreement 2019 (the Agreement): 

Toll Transport Pty Ltd (Toll) provides the following undertaking pursuant to section 190 of the Fair Work Act 2009 (Cth):

1. In place of existing content, Clause 27.2 will be replaced by the following:

Afternoon shift is any shift finishing after 7.00pm and at or before midnight.

Night shift is any ordinary rostered shift finishing after mid night and at or before 6.30 am.

2. Clause 27.3, will include the following additional text: 

From the approval and until 30 January 2021, training team members/casuals who work an afternoon shift will be paid a 15% afternoon shift loading after 4.00pm. 

Toll will ensure that a copy of this undertaking is made available to all employees covered by the Agreement and is attached to any copy of the Agreement provided to employees or made available in the workplace. 

This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 

Katrina de Lange Savage 

Date: 26 March 2020