DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2015/4300)

TOLL CUSTOMISED SOLUTIONS (STORAGE SERVICES) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Storage Services) 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 Agreement was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Toll Transport Pty Ltd, trading as Toll Customised Solutions, for approval of the Toll Customised Solutions (Storage Services) Enterprise Agreement 2015. The dispute centred around the proposed terms of employment for employees within the storage services division of Toll Customised Solutions. The Commission was tasked with assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission needed to resolve included whether the agreement satisfied the requirements for "genuine agreement" as per section 231 of the Act, and whether it met the criteria for "modern awards" set out in sections 169 and 170. Additionally, the Commission had to ensure that the agreement did not adversely affect the "better off overall test" and that it did not contravene any other provisions of the Act.

The Fair Work Commission found that the agreement met the requirements for genuine agreement, as it had been negotiated in good faith and was supported by the majority of the employees. The Commission also determined that the agreement did not adversely affect the "better off overall test" and was consistent with the applicable modern awards. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees while also accommodating the operational needs of Toll Customised Solutions. The Commission's decision was based on a thorough analysis of the evidence presented and a careful consideration of the relevant legal provisions.

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