DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2015/1426)

TOLL CUSTOMISED SOLUTIONS (MULTI-USER WAREHOUSE - INGLEBURN) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 19 JUNE 2015

Application for approval of the Toll Customised Solutions (Multi-user Warehouse - Ingleburn) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Multi-user Warehouse - Ingleburn) Enterprise Agreement 2015 (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 Applicant). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. 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 are 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 National Union of Workers and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2015. The nominal expiry date of the Agreement is 30 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

Toll Transport Pty Ltd applied to the Fair Work Commission for approval of the Toll Customised Solutions (Multi-user Warehouse - Ingleburn) Enterprise Agreement 2015. The application followed a series of negotiations between the employer and the employees' union, which resulted in an enterprise agreement that aimed to regulate the terms and conditions of employment for the warehouse workers. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement had been made genuinely and voluntarily, and whether it contained all the mandated terms under the Fair Work Act. The Commission considered the process through which the agreement was reached, the bargaining positions of the parties, and the content of the agreement itself. The Commission also needed to ensure that the agreement did not unfairly disadvantage any group of employees and that it promoted the harmonious, productive, and economic development of industrial relations.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the agreement had been made genuinely and voluntarily without any coercion or undue influence. The Commission found that all mandatory terms under the Fair Work Act were included in the agreement and that it did not unfairly disadvantage any group of employees. The Commission was satisfied that the agreement promoted harmonious, productive, and economic development of industrial relations. Consequently, the Commission approved the Toll Customised Solutions (Multi-user Warehouse - Ingleburn) 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