DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2015/7058)

TOLL CUSTOMISED SOLUTIONS (BRISBANE CENTRAL DC) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

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COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2016

Application for approval of the Toll Customised Solutions (Brisbane Central DC) and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Brisbane Central DC) and National Union of Workers Enterprise Agreement 2015 (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 Toll Customised Solutions. 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] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Toll Transport Pty Ltd, trading as Toll Customised Solutions, and the National Union of Workers. The union sought approval of an enterprise agreement, specifically the Toll Customised Solutions (Brisbane Central DC) and National Union of Workers Enterprise Agreement 2015. The union contended that the agreement met the criteria for registration under the Fair Work Act 2009, while Toll Transport disputed certain provisions, arguing they did not comply with the legislative requirements.

The primary legal issues addressed by the Commission included whether the agreement contained all the mandatory terms as required by the Fair Work Act, whether it was in the best interests of the employees, and if it had been genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement contained any provisions that were contrary to public policy or were otherwise invalid.

The Fair Work Commission, after reviewing the agreement and the submissions from both parties, found that the agreement contained all the mandatory terms and was in the best interests of the employees. The Commission concluded that the agreement had been genuinely negotiated and did not contain any provisions that were contrary to public policy. The Commission approved the agreement, finding it met all the necessary statutory requirements.

The Fair Work Commission approved the Toll Customised Solutions (Brisbane Central DC) and National Union of Workers Enterprise Agreement 2015, confirming it complied with all relevant legislative provisions. This decision provided certainty for both the union and the employer regarding the terms and conditions of employment covered by the agreement.

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