DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/5052)

TOLL GLOBAL LOGISTICS AND UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Toll Global Logistics and United Workers’ Union Enterprise Agreement 2019

[1] Toll Transport Pty Ltd has made an application for approval of an enterprise agreement known as the Toll Global Logistics and United Workers’ Union Enterprise Agreement 2019 (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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 February 2020 and, in accordance with s 54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Toll Transport Pty Ltd, the applicant sought approval of an enterprise agreement with the United Workers’ Union. The agreement in question was for the employees of Toll Global Logistics, a division of the applicant, and it aimed to set the terms and conditions of employment for those workers. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely a product of genuine bargaining, whether it met the statutory requirements for a modern award, and if it provided appropriate protection for employees. Additionally, the Commission had to consider if the agreement contained provisions that would unfairly disadvantage certain employees and whether the process for reaching the agreement was procedurally fair.

The Commission found that the agreement had been genuinely bargained, met the requirements of a modern award, and provided appropriate protections for employees. The Commission was satisfied that the process for reaching the agreement was procedurally fair and that there were no provisions that would unfairly disadvantage any group of employees. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The Fair Work Commission granted the applicant's application for approval of the enterprise agreement. The agreement was registered, and it will now form the basis of the employment terms and conditions for the employees of Toll Global Logistics.

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