DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2016/6060)

TOLL CUSTOMISED (FILLO DRIVE) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Toll Customised Solutions (Fillo Drive) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Fillo Drive) Enterprise Agreement 2016 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Toll Transport Pty Ltd, the Fair Work Commission was tasked with approving the Toll Customised Solutions (Fillo Drive) Enterprise Agreement 2016. The dispute arose from objections lodged by several parties regarding the agreement's provisions, which aimed to alter the terms and conditions of employment for certain employees within the Toll Customised Solutions division.

The primary legal issues before the Commission involved whether the agreement provided for appropriate minimum terms and conditions for the affected employees, and whether the agreement was made in good faith and without coercion. The objections raised concerns about the potential impact on employee entitlements and the process by which the agreement was negotiated and agreed upon.

In its decision, the Commission carefully considered the evidence and arguments presented by the parties. It found that the agreement provided for minimum terms and conditions that were consistent with the applicable industrial instruments and that the negotiation process was conducted in good faith. The Commission also noted that the agreement was supported by a significant majority of the employees, which was indicative of its acceptance and endorsement by those directly affected. Consequently, the Commission approved the Toll Customised Solutions (Fillo Drive) Enterprise Agreement 2016, subject to certain minor amendments to address specific concerns raised during the hearing. The decision ultimately recognised the right of the parties to negotiate and enter into an enterprise agreement that reflects their mutual interests, provided it meets the statutory requirements for approval.

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