DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll
(AG2019/2526)

TOLL GL RCH (MINTO) ENTERPRISE AGREEMENT 2018-2021

Storage services
COMMISSIONER JOHNS	SYDNEY, 5 AUGUST 2019

Application for approval of the Toll GL RCH (Minto) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Toll GL RCH (Minto) Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Toll Transport Pty Ltd T/A Toll. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The National Union of Workers (NUW) 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 12 August 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Toll Transport Pty Ltd, trading as Toll, and the Australian Transport Officers' Union. The dispute revolves around the application for approval of the Toll GL RCH (Minto) Enterprise Agreement 2018-2021. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues the court was required to decide involved the fairness and reasonableness of the proposed agreement. This included whether the agreement complied with the Fair Work Act 2009 and whether it provided for appropriate minimum terms and conditions for the employees covered by the agreement. The court needed to assess the balance of the agreement in terms of the rights, obligations, and protections of both the employer and the employees.

The Fair Work Commission examined the agreement in detail, considering the submissions from both parties. The court found that the agreement met the necessary criteria for approval, including provisions for fair wages, conditions of employment, and dispute resolution mechanisms. The Commission highlighted that the agreement was fair and reasonable, taking into account the economic circumstances and the need to maintain industrial harmony. The court concluded that the agreement was in the best interests of the employees and approved it.

The final orders of the Fair Work Commission confirmed the approval of the Toll GL RCH (Minto) Enterprise Agreement 2018-2021. The agreement was deemed to have effect from the date of the decision and was to be registered with the Fair Work Commission. This decision ensures that the terms of the agreement are legally binding on both the employer and the employees for the duration specified.

Toll Transport Pty Ltd T/A Toll

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established