DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/792)

TOLL GLOBAL LOGISTICS MULTI-USER (VIC) ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2019

Application for approval of the Toll Global Logistics Multi-User (VIC) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics Multi-User (VIC) 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.

[3] Subject to 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 Agreement lodged contained errors at Clauses 26, 29.1 and 34.5. On 11 April 2019, the Applicant filed amended pages of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The National Union of Workers 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 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd sought approval of the Toll Global Logistics Multi-User (VIC) Enterprise Agreement 2019 before the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically focusing on whether the agreement provided fair and reasonable terms and conditions of employment.

The court was tasked with determining if the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith. The analysis involved examining if the agreement addressed key employment terms such as wages, hours of work, leave, and other conditions that were necessary for a fair and reasonable agreement. Additionally, the court had to consider whether the agreement was made without coercion or undue influence, ensuring the parties had genuine freedom to negotiate.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court considered the comprehensive nature of the agreement, its alignment with industry standards, and the process by which it was negotiated. The court concluded that the agreement provided fair and reasonable terms and conditions of employment and was made in good faith. Consequently, the application for approval was successful.

The Fair Work Commission approved the Toll Global Logistics Multi-User (VIC) Enterprise Agreement 2019, confirming its compliance with the Fair Work Act 2009. This decision ensures that the agreement will govern the terms and conditions of employment for the specified employees, providing a clear framework for the employer and employees to follow.

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