DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Transport Pty Ltd T/A Toll
(AG2018/6076)

TOLL GOS EQUIPMENT AND AWU (SYDNEY WORKSHOP) ENTERPRISE AGREEMENT 2017-2020

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2019

Application for approval of the Toll GOS Equipment and AWU (Sydney Workshop) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll GOS Equipment and AWU (Sydney Workshop) Enterprise Agreement 2017-2020 (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.

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

[3] The Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 7 May 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Senior Manager – Employee Relations, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd T/A Toll sought approval for the Toll GOS Equipment and AWU (Sydney Workshop) Enterprise Agreement 2017-2020 from the Fair Work Commission. The application was contested by the Transport Workers Union (TWU) and the Rail, Tram and Bus Industry Union (RTBU). The central issue was whether the proposed enterprise agreement was in the interests of the employees and whether it complied with relevant legal standards.

The court examined whether the agreement adequately addressed the employees' terms and conditions, including pay rates, hours of work, and other employment terms. Additionally, it assessed whether the agreement provided a fair and reasonable method for resolving workplace disputes and if it adequately protected employees' rights. The court also considered whether the agreement met the statutory requirements under the Fair Work Act 2009.

After reviewing the evidence and arguments presented by the parties, the Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees. The agreement was deemed to provide fair and reasonable terms and conditions, and it complied with all relevant legal standards. The court approved the enterprise agreement, recognising its benefits for both the employer and the employees. The approval was made effective from the specified date, allowing the agreement to be implemented in accordance with its terms.

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