DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd t/a Toll Customised Solutions
(AG2015/5259)

TOLL CUSTOMISED SOLUTIONS MULTI-USER (VIC) ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Toll Customised Solutions Multi-User (VIC) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions Multi-User (VIC) 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 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

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 the approval of the Toll Customised Solutions Multi-User (VIC) Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute involved the procedural fairness of the bargaining process and whether the agreement met the legal standards for approval.

The legal issues before the court centred around the validity and fairness of the bargaining process and whether the agreement was appropriately negotiated, reflecting the true terms agreed upon by the parties. The court examined whether there were any procedural irregularities or instances of unfair labour practices that could invalidate the agreement. Additionally, it considered whether the agreement complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission found that the bargaining process was generally fair, and the agreement was appropriately negotiated. The Commission noted that while there were some minor procedural issues, they did not materially affect the fairness or validity of the agreement. The Commission concluded that the agreement met the necessary legal standards and did not contain any terms that were contrary to public policy or unfair to any party.

The Fair Work Commission approved the Toll Customised Solutions Multi-User (VIC) Enterprise Agreement 2015, effective from 1 July 2015. The decision affirmed that the agreement was valid and could be implemented as intended by the parties.

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