Toll Transport Pty Ltd T/A Toll Customised Solutions

[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.

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).

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.

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.

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.

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.

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.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Toll Transport Pty Ltd, trading as Toll Customised Solutions, applied for the approval of the Toll Customised Solutions (Prospect) Enterprise Agreement 2017. The applicant and the respondents, represented by the Transport Workers Union, had been engaged in negotiations to establish terms and conditions for employees within the organisation. The application centred on whether the proposed agreement met the necessary criteria under the Fair Work Act 2009 to be approved and registered.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. This included ensuring that the agreement had been made in good faith, covered all necessary bargaining, and included appropriate provisions for employee entitlements and workplace relations. Furthermore, the Commission had to assess if the agreement facilitated a fair and equitable resolution for both parties, considering the broader economic and industrial context.

The Commission found that the application met the procedural requirements, as the agreement was the result of good faith negotiations and had been made without any undue pressure or coercion. It also noted that the agreement adequately covered the necessary bargaining and provided for fair and reasonable terms for the employees. The Commission determined that the agreement was in the best interest of the employees and the organisation, as it balanced the needs of both parties and contributed to a stable and productive workplace. Consequently, the Commission approved the agreement, finding it to be fair and reasonable under the provisions of the Fair Work Act.

As a result of the approval, the Toll Customised Solutions (Prospect) Enterprise Agreement 2017 is now registered, and the terms and conditions set forth in the agreement will apply to the employees covered by the agreement. The agreement will provide a framework for the relationship between the applicant and the employees, ensuring that both parties' rights and obligations are met within the scope of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established