DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2016/1101)

TOLL CUSTOMISED SOLUTIONS (TULLAMARINE) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

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

[1] An application has been made for approval of a greenfields agreement known as the Toll Customised Solutions (Tullamarine) Enterprise Agreement 2016 (Agreement). The application was made by Toll Transport Pty Ltd T/A Toll Customised Solutions pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that National Union of Workers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with National Union of Workers and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Toll Transport Pty Ltd trading as Toll Customised Solutions, applied to the Fair Work Commission for the approval of the Toll Customised Solutions (Tullamarine) Enterprise Agreement 2016. The application was opposed by the Transport Workers Union of Australia, which claimed that the agreement was deficient in several respects. The dispute was heard in the Fair Work Commission, an Australian federal body with jurisdiction over industrial relations matters.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness in its negotiation and whether it provided for minimum terms and conditions of employment as stipulated by the Act. The opposition argued that the agreement did not adequately address various employment conditions and that the negotiation process lacked sufficient consultation with the union.

The Commission examined the evidence presented regarding the negotiation process and the contents of the agreement. It considered whether the agreement provided for minimum terms and conditions, and whether there were procedural flaws in its creation. Ultimately, the Commission found that the agreement was procedurally sound and met the statutory requirements. The Commission held that the applicant had demonstrated that the agreement was fair and reasonable, and approved it accordingly.

In light of the findings, the Fair Work Commission approved the Toll Customised Solutions (Tullamarine) Enterprise Agreement 2016, dismissing the opposition's claims. The Commission's decision was based on the evidence that the agreement was negotiated in good faith and met all the necessary legal criteria. The union's objections were not upheld, and the agreement was registered as per the applicant's request.

Toll Transport Pty Ltd T/A Toll Customised Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established