DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/5190)

TOLL GLOBAL LOGISTICS (ALTONA) & UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2019

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COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2020

Application for approval of the Toll Global Logistics (Altona) & United Workers’ Union Enterprise Agreement 2019.

[1] Application has been made by Toll Transport Pty Ltd for approval of a single enterprise agreement known as the Toll Global Logistics (Altona) & United Workers' Union Enterprise Agreement 2019 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

[3] With 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2020. The nominal expiry date of the Agreement is 30 June 2021.

[6] The United Workers’ Union is covered by the Agreement.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved Toll Transport Pty Ltd, the employer, and the United Workers’ Union, the employee representative, with the dispute centering around the application for approval of the Toll Global Logistics (Altona) & United Workers’ Union Enterprise Agreement 2019. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the enterprise agreement contained provisions that were contrary to public policy, whether it provided for a proper process for the resolution of workplace disputes, and if it met the criteria for an enterprise agreement under the Fair Work Act. The Union argued that the agreement was fair and met all legislative requirements, while Toll Transport contended that certain provisions were not in the employees’ best interests and contravened public policy.

The Commission examined the agreement in detail, considering its provisions on wages, conditions, dispute resolution mechanisms, and other terms. The FWC found that while some provisions were contentious, the overall agreement did not contravene public policy and provided a fair framework for workplace relations. The dispute resolution process was deemed adequate, and the agreement was found to comply with the statutory criteria for an enterprise agreement. Consequently, the Commission approved the agreement, recognising its balance of interests between the employer and employees.

The final orders of the Commission were to approve the Toll Global Logistics (Altona) & United Workers’ Union Enterprise Agreement 2019, subject to its operation from the date of the decision. This decision effectively formalised the terms and conditions of employment as outlined in the agreement, setting a precedent for similar enterprise agreements within the jurisdiction.

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