Toll Transport Pty Ltd T/A Toll Customised Solutions

[2017] FWCA 4505

[2017] FWCA 4505

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions

(AG2017/2515)

Toll Customised Solutions (Prospect) Enterprise Agreement 2017

Storage services
Commissioner McKinnon	MELBOURNE, 30 AUGUST 2017

Application for approval of the Toll Customised Solutions (Prospect) Enterprise Agreement 2017.

1. An application has been made for approval of a greenfields agreement known as the Toll Customised Solutions (Prospect) Enterprise Agreement 2017 (Agreement). The application was made by Toll Transport Pty Ltd T/A Toll Customised Solutions pursuant to s.185 of the Fair Work Act 2009 (Act).

1. The Agreement meets the requirements of section 172(2)(b) of the Act. 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.

1. The Applicant has provided an undertaking containing the rates of pay. The Applicant has requested that the rates of pay be kept confidential. The rates of pay that will apply to employees covered by the agreement will be in accordance with the undertaking provided on 18 August 2017. An order will be made under section 594 of the Act that the rates of pay provided in the undertaking are to remain confidential.

1. The Applicant has provided additional written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

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ANNEXURE A