DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics
(AG2016/4819)

TOLL CUSTOMISED SOLUTIONS (ENTERPRISE) COLLECTIVE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Toll Customised Solutions (Enterprise) Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Enterprise) Collective Agreement 2016 (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 T/A Customised Solutions Toll Global Logistics. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Toll Transport Pty Ltd, trading as Customised Solutions Toll Global Logistics, applied for the approval of the Toll Customised Solutions (Enterprise) Collective Agreement 2016. The dispute arose from negotiations between the company and the Transport Workers Union, which sought to establish terms and conditions for the employees under the agreement. The commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the commission were whether the agreement provided for a fair and efficient workplace, if it allowed for the genuine expression of the parties' interests, and if it complied with the procedural requirements set out in the Fair Work Act. The Transport Workers Union argued that the agreement did not adequately protect employees' conditions, while Toll Transport contended that the agreement was fair and met all legal standards.

The commission found that the agreement was fair and efficient, and that it allowed for the genuine expression of the interests of both parties. It noted that the agreement contained provisions for dispute resolution, workplace health and safety, and other essential terms that were necessary for a functional enterprise. The commission also concluded that the agreement complied with the procedural requirements, as it had been negotiated in good faith and was not made under duress. Consequently, the application for approval was successful.

The Fair Work Commission approved the Toll Customised Solutions (Enterprise) Collective Agreement 2016, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties and enforceable in accordance with the Fair Work Act.

Toll Transport Pty Ltd T/A Customised Solutions Toll Global Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established