DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd t/a Toll Customised Solutions
(AG2015/6937)

TOLL CUSTOMISED SOLUTIONS (CHULLORA) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 30 DECEMBER 2015

Application for approval of the Toll Customised Solutions (Chullora) Enterprise Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Toll Customised Solutions (Chullora) Enterprise Agreement 2015 (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 the 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 the National Union of Workers and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Toll Transport Pty Ltd, trading as Toll Customised Solutions, which sought approval of the Toll Customised Solutions (Chullora) Enterprise Agreement 2015. The application was made before the Fair Work Commission. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed enterprise agreement, including matters such as employee entitlements, wages, and working conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 in terms of procedural fairness and whether it provided for fair and reasonable terms and conditions for the employees. Specifically, the Commission needed to determine if the agreement was made in good faith, without coercion, and if it contained terms that were fair and reasonable in all respects. Additionally, the Commission had to assess if the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission thoroughly examined the evidence presented and the submissions made by both parties. The Commission concluded that the enterprise agreement was made in good faith and without coercion. It found that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the needs of both the employees and the employer. The Commission noted that the agreement had undergone a robust negotiation process and that it appropriately balanced the interests of the parties involved. As a result, the Fair Work Commission approved the Toll Customised Solutions (Chullora) Enterprise Agreement 2015.

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