Toll Transport Pty Ltd Summary

[2022] FWCA 1155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd

(AG2022/729)

TOLL GL RCA (OPTUS) ENTERPRISE AGREEMENT 2021-2024

Storage services
COMMISSIONER P RYAN	SYDNEY, 1 APRIL 2022

Application for the approval of Toll GL RCA (Optus) Enterprise Agreement 2021-2024

Toll Transport Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Toll GL RCA (Optus) Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Notice of employee representational rights (NERR)

The NERR was erroneous in that the name of the proposed enterprise agreement was incorrect. The Employer provided submissions that this matter constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Section 190 Undertakings

The Employer 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

Sections 186, 187, 188 and 190

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.

Model Consultation Term

The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

Section 183 Bargaining representative

The United Workers Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Ltd sought approval for the Optus Enterprise Agreement 2021-2024, which was a proposed agreement between the company and the Communications, Electrical and Plumbing Union. The application was brought before the Fair Work Commission, which is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute primarily revolved around whether the proposed agreement complied with the legislative requirements for enterprise agreements and whether it was made fairly and in good faith.

The primary legal issues that the Commission needed to resolve included whether the agreement was negotiated in good faith, whether it contained the appropriate minimum terms and conditions as prescribed by the Act, and whether it met the requirements for being a simple, single enterprise agreement. The Commission also had to consider whether the agreement provided for proper dispute resolution mechanisms and whether it included the appropriate minimum terms and conditions as prescribed by the Act.

In delivering its decision, the Commission noted that the agreement was the result of good faith negotiations between the parties. The Commission found that the agreement contained all the necessary minimum terms and conditions as outlined in the Fair Work Act 2009 and that it provided for adequate dispute resolution mechanisms. The Commission further determined that the agreement was made fairly and in good faith and met the requirements for being a simple, single enterprise agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Optus Enterprise Agreement 2021-2024, finding it to be compliant with the requirements of the Fair Work Act 2009. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and include the necessary minimum terms and conditions, as well as appropriate dispute resolution mechanisms. The approval of this agreement allows for the continued operation of Toll Transport Pty Ltd and its employees under the terms of the agreement, subject to the statutory requirements.

Toll Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established