DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2015/3377)

TOLL CUSTOMISED SOLUTIONS (W.A. WAREHOUSING) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2015

Application for approval of the Toll Customised Solutions (W.A. Warehousing) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Toll Customised Solutions (W.A. Warehousing) 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 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) I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from
10 August 2015. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Toll Transport Pty Ltd, the matter before the Federal Circuit Court involved an application for the approval of the Toll Customised Solutions (W.A. Warehousing) Enterprise Agreement 2015. The primary dispute centred around the conditions and terms outlined in the enterprise agreement, with specific focus on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The court was tasked with determining if the agreement was fair and reasonable in all its aspects and whether it provided appropriate mechanisms for dispute resolution.

The court had to consider several key legal issues, including whether the agreement complied with the mandatory provisions of the Fair Work Act, specifically those relating to minimum entitlements such as wages, hours of work, and leave provisions. Additionally, the court examined if the agreement contained appropriate processes for resolving disputes between employees and the employer, ensuring that these processes were fair and accessible. The court also assessed the fairness of the agreement in terms of its overall balance of rights and obligations for the parties involved.

In delivering its judgment, the court meticulously reviewed the provisions of the enterprise agreement against the statutory benchmarks set by the Fair Work Act. The court found that the agreement was comprehensive in addressing the mandatory minimum entitlements and contained robust mechanisms for resolving disputes. The court was satisfied that the agreement provided a fair and reasonable balance of rights and obligations, thereby meeting the legal criteria for approval. Consequently, the court approved the Toll Customised Solutions (W.A. Warehousing) Enterprise Agreement 2015.

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