DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/2890)

TOLL TRANSPORT PTY LTD KC ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 AUGUST 2019

Application for approval of the Toll Transport Pty Ltd KC Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Toll Transport Pty Ltd KC Enterprise Agreement 2019 (the Agreement). The application was made by Toll Transport Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 Transport Workers’ Union of Australia 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 28 August 2019 and, in accordance with s.54, will operate from 4 September 2019. The nominal expiry date of the Agreement is 4 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Ltd sought approval of the Toll Transport Pty Ltd KC Enterprise Agreement 2019. The applicant is an employer, and the respondent is an employee organisation, the Transport Workers Union of Australia. The Fair Work Commission was asked to decide if the agreement was in the public interest. The union contested the application on various grounds, including that it would allow for unfair dismissals and that it did not provide adequate protections for employees.

The commission considered the arguments made by both parties. It examined the terms of the agreement, the process by which it was negotiated, and the potential impact on employees. The commission also took into account submissions made by other interested parties, including the Australian Taxation Office and the Australian Competition and Consumer Commission. After careful consideration, the commission found that the agreement was in the public interest. It concluded that the agreement provided appropriate protections for employees and did not have an adverse impact on the broader community.

The commission approved the agreement, subject to certain modifications. These modifications related to the process for resolving disputes between the employer and employees. The commission noted that the original agreement did not provide for an effective dispute resolution process, and that this was a significant concern for the union. The modifications ensured that employees had access to an independent and impartial dispute resolution process. The union did not appeal the decision, and the agreement was approved as modified.

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