DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2015/4992)

TOLL CUSTOMISED SOLUTIONS (LINDT NSW) ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Lindt 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 Toll Transport Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] An undertaking has been given in relation to clause 40.5 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Based on the statutory declaration provided by the organisation, I am satisfied that the National Union of Workers, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 15 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Toll Transport Pty Ltd sought approval of the Toll Customised Solutions (Lindt NSW) Enterprise Agreement 2015, which was intended to replace the existing Toll Customised Solutions Enterprise Agreement 2012. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute primarily revolved around whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine enterprise agreement and whether it met the 'better off overall test'.

The court had to determine whether the proposed agreement was a genuine enterprise agreement, and if it met the requirements of the better off overall test. The 'better off overall test' requires that the proposed agreement must be at least as good as the existing agreement or the relevant award for employees who are not already better off overall. The court needed to consider the provisions of the agreement, the comparison with the existing agreement, and the impact on employees.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement and met the better off overall test. The Commission noted that the agreement provided for a number of improvements, including increased wages and better conditions for employees. The Commission was satisfied that the agreement was not only a genuine enterprise agreement but also met the better off overall test, as it provided for improvements to the existing agreement.

The Fair Work Commission approved the Toll Customised Solutions (Lindt NSW) Enterprise Agreement 2015, which replaced the existing Toll Customised Solutions Enterprise Agreement 2012. The Commission found that the proposed agreement was a genuine enterprise agreement and met the better off overall test. The decision was made on the basis that the agreement provided for improvements to the existing agreement, including increased wages and better conditions for employees.

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