DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2015/785)

TOLL CUSTOMISED SOLUTIONS (AYLESBURY) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 10 APRIL 2015

Application for approval of the Toll Customised Solutions (Aylesbury) and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Toll Customised Solutions (Aylesbury) and National Union of Workers 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/as Toll Customised Solutions (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 15 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Toll Transport Pty Ltd, trading as Toll Customised Solutions, applied for approval of the Toll Customised Solutions (Aylesbury) and National Union of Workers Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was asked to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers under the proposed enterprise agreement.

The key legal issues before the Commission were whether the agreement provided for a minimum rate of pay, a maximum ordinary hours of work clause, and adequate provisions for shiftwork and rostering. Additionally, the Commission needed to consider whether the agreement contained appropriate provisions for redundancies and the appropriate process for resolving disputes. The Fair Work Act requires that enterprise agreements must not provide for terms and conditions that are less favourable than the applicable award or safety net.

The Commission found that the agreement largely met the requirements of the Fair Work Act. The minimum rate of pay and maximum ordinary hours of work were consistent with the relevant award and the safety net provisions. The agreement also included provisions for shiftwork and rostering that were not less favourable than the applicable award. However, the Commission found that the redundancy provisions were less favourable than the safety net and required amendment. The Commission also required the parties to address the dispute resolution process to ensure it was appropriate and compliant with the Act. After negotiating the necessary amendments, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Toll Customised Solutions (Aylesbury) and National Union of Workers Enterprise Agreement 2015, subject to the amendments regarding redundancy provisions and dispute resolution processes. The agreement now meets the requirements of the Fair Work Act and can be implemented as a legally binding enterprise 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