DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2015/3838)

TOLL CUSTOMISED SOLUTIONS & NATIONAL UNION OF WORKERS SOMERTON NDC ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 10 JULY 2015

Application for approval of the Toll Customised Solutions & National Union of Workers Somerton NDC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions & National Union of Workers Somerton NDC 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 10 July 2015 and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Toll Transport Pty Ltd, trading as Toll Customised Solutions, and the National Union of Workers, with the matter being heard by the Fair Work Commission. The dispute centred on the application for approval of the Toll Customised Solutions & National Union of Workers Somerton NDC Enterprise Agreement 2015. The union sought to have the agreement approved under the Fair Work Act 2009, while Toll Customised Solutions contested the application on various grounds.

The primary legal issues the court needed to address included whether the agreement met the statutory requirements for approval under the Fair Work Act, specifically whether it complied with the provisions regarding bargaining and the public interest. The court also needed to consider whether the agreement adequately protected employees' rights and interests, and whether there were any procedural flaws in the bargaining process that could invalidate the agreement.

The Fair Work Commission, in its decision, thoroughly examined the provisions of the agreement and the submissions made by both parties. The court found that the agreement did meet the statutory requirements for approval. It was determined that the agreement was the product of genuine bargaining, was in the public interest, and adequately protected the rights and interests of the employees. The court also found that there were no procedural flaws that would invalidate the agreement. Therefore, the application for approval of the enterprise agreement was granted.

As a result of the decision, the Fair Work Commission approved the Toll Customised Solutions & National Union of Workers Somerton NDC Enterprise Agreement 2015, affirming its compliance with the Fair Work Act. This decision ensures that the agreement will continue to regulate the employment terms and conditions of the employees 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