DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2015/6141)

TOLL CUSTOMISED SOLUTIONS (PACKAGING) AND NUW ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 19 NOVEMBER 2015

Application for approval of the Toll Customised Solutions (Packaging) and NUW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Packaging) and NUW 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 19 November 2015 and, in accordance with s.54, will operate from 26 November 2015. The nominal expiry date of the Agreement is 15 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

Toll Transport Pty Ltd, trading as Toll Customised Solutions, applied to the Fair Work Commission for approval of the Toll Customised Solutions (Packaging) and NUW Enterprise Agreement 2015. The application involved employees of Toll Customised Solutions within the packaging sector, and the primary issue was whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was made in good faith and whether it contained the necessary provisions as per the Fair Work Act. Specifically, the court had to determine if the agreement adhered to the procedural fairness and good faith requirements, and if it included all the mandated terms and conditions, including those related to pay rates, working hours, and other employment standards.

In its reasoning, the court examined the negotiation process and the content of the agreement. It found that the agreement was negotiated in good faith and that it complied with the procedural requirements of the Fair Work Act. The court also confirmed that the agreement included all the necessary provisions, covering pay rates, working hours, and other employment conditions. Consequently, the court approved the agreement, finding it to be fair and reasonable.

The final orders of the court were to approve the Toll Customised Solutions (Packaging) and NUW Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the terms and conditions of the agreement are legally binding on the parties involved.

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