Toll Transport Pty Ltd

[2025] FWCA 3046

[2025] FWCA 3046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd

(AG2025/2840)

TOLL / UWU DEFENCE DISTRIBUTION CENTRES ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 9 SEPTEMBER 2025

Application for approval of the Toll / UWU Defence Distribution Centres Enterprise Agreement 2025

Introduction

1. An application has been made for approval of a greenfields agreement known as the Toll / UWU Defence Distribution Centres Enterprise Agreement 2025 (the Agreement). The application was made by Toll Transport Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act).  

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union (UWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Inconsistencies with the National Employment Standards (NES)

1. I note that clause 47.3 of the Agreement is inconsistent with the NES as it allows the Employer to avoid paying redundancy pay in circumstances where it obtains a suitable alternative position for the affected employee. The Applicant has provided submissions and an undertaking to address this issue. Having considered the Applicant’s submissions and the undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail. 

1. I note that clause 57.7(b) of the Agreement is inconsistent with the NES as it allows the Employer to withhold monies at termination that may include monies owing under the NES. The Applicant has provided an undertaking to address this issue. Given the undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail. 

Section 190 Undertakings

1. As noted above, the Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement. 

Approval 

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the UWU and that the Agreement covers the UWU. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2025. The nominal expiry date of the Agreement is 30 June 2028.  

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530387  PR791575>

Annexure A