Toll Transport Pty Ltd T/A Toll Customised Solutions

[2015] FWCA 2448

[2015] FWCA 2448

FAIR WORK COMMISSION

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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