DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2014/8376)

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

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COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Goodyear) 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/A Toll Customised Solutions (the Applicant). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers. and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

Toll Transport Pty Ltd T/A Toll Customised Solutions applied to the Fair Work Commission for approval of the Toll Customised Solutions (Goodyear) and National Union of Workers Enterprise Agreement 2015. The National Union of Workers opposed the application on the basis that the proposed agreement contained terms that did not meet the requirements of the Fair Work Act 2009. The dispute centred on the procedural fairness and the suitability of certain provisions in the agreement.

The primary legal issue before the Commission was whether the application for approval of the enterprise agreement was procedurally fair and whether the terms of the agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the application process complied with the relevant provisions of the Act, and whether the proposed terms were consistent with the objectives of the Act, including those relating to the promotion of workplace bargaining and the protection of employees' rights.

In considering these issues, the Commission examined the application process and found it to be procedurally fair. The Commission also assessed the terms of the proposed agreement against the criteria set out in the Fair Work Act. The Commission determined that, while some terms in the agreement required modification, the overall agreement was in the best interests of the employees and promoted the objectives of the Act. The Commission approved the agreement with modifications, which addressed the concerns raised by the union and aligned the agreement with the statutory requirements.

The Fair Work Commission approved the Toll Customised Solutions (Goodyear) and National Union of Workers Enterprise Agreement 2015, with modifications. The modifications related to specific terms in the agreement, which were adjusted to ensure compliance with the Fair Work Act. The approved agreement now reflects the best interests of the employees and promotes the objectives of the Act, including the facilitation of effective workplace bargaining.

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