DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2016/12)

TOLL CUSTOMISED SOLUTIONS (PHARMACEUTICAL – NSW) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Toll Customised Solutions (Pharmaceutical - NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Toll Customised Solutions (Pharmaceutical - NSW) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Toll Transport Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 National Union of Workers 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case, Toll Transport Pty Ltd sought approval for the Toll Customised Solutions (Pharmaceutical - NSW) Enterprise Agreement 2015 before the Fair Work Commission. The agreement aimed to govern the employment terms of Toll's employees within the customised solutions division, specifically those in the pharmaceutical sector in New South Wales. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately certified by the Commission. The Fair Work Commission was tasked with determining the validity and certification of the enterprise agreement under the legislative framework.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated between the parties, whether it met the specific criteria set out in the Fair Work Act, and whether the certification process was correctly followed. The Commission had to examine the evidence and submissions from both parties to ensure that the agreement adhered to the necessary standards of good faith bargaining and procedural fairness. Additionally, the Commission assessed whether the agreement adequately covered the essential terms and conditions of employment, including wages, hours of work, and other conditions that are typically found in enterprise agreements.

The Commission concluded that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. It found that the process followed was procedurally fair, and all necessary steps were taken to ensure that the employees had an opportunity to participate in the negotiation process. The Commission also determined that the agreement was comprehensive, covering all the essential terms and conditions of employment. As a result, the Commission approved the Toll Customised Solutions (Pharmaceutical - NSW) Enterprise Agreement 2015, and it became legally binding on the parties involved.

The final orders of the Commission included the approval of the enterprise agreement and a direction that it be registered with the Fair Work Commission. The agreement was to take effect from the date of the decision and would apply to the specified employees in the customised solutions division of Toll Transport Pty Ltd in New South Wales. The Commission's decision provided clarity on the procedural and substantive requirements for enterprise agreements under the Fair Work Act, reinforcing the importance of genuine negotiation and procedural fairness in the workplace.

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