Toll Transport Pty Ltd
[2022] FWCA 2256
•7 JULY 2022
| [2022] FWCA 2256 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Toll Transport Pty Ltd
(AG2022/1958)
Toll Global Logistics (Healthcare) Enterprise Agreement 2020
| Storage services | |
| COMMISSIONER LEE | MELBOURNE, 7 JULY 2022 |
Application for approval of the Toll Global Logistics (Healthcare) Enterprise Agreement 2020
An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Healthcare) Enterprise Agreement 2020 (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.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 28.6.3 – Annual Leave.
· Clause 29.1.4 – Personal and Carer’s Leave.
· Cause 34.3 – Public Holidays.
· Clause 41.5 – Termination of Employment.
However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 31 October 2023.
COMMISSIONER
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Annexure A
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