Toll Transport Pty Ltd T/A Toll Customised Solutions

[2014] FWCA 5167

FAIR WORK COMMISSION

DECISION

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

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2014/1847)

TOLL CUSTOMISED SOLUTIONS (TARGET) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 30 JULY 2014

Application for approval of the Toll Customised Solutions (Target) and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Target) and National Union of Workers Enterprise Agreement 2014 (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 was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 24 July 2014. On 25 July 2014 I received a signed undertaking in response to the queries from Matthew Smith, Employee Relations Manager - Victoria at Toll Customised Solutions. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] This is a greenfields agreement that 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2014. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Toll Transport Pty Ltd T/A Toll Customised Solutions brought an application to the Fair Work Commission for the approval of the Toll Customised Solutions (Target) and National Union of Workers Enterprise Agreement 2014. The union and the employer had reached an agreement in principle, which they sought to have approved as a registered agreement. The union argued that the agreement should be approved as it fairly reflected the terms and conditions of employment of the employees. The employer, on the other hand, raised concerns regarding the financial implications of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees and should be approved as a registered agreement. The Commission had to consider whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. In particular, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion.

In delivering its decision, the Commission noted that the agreement contained provisions that were fair and reasonable in all respects. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it met the criteria for approval under the Act. The Commission also considered the potential financial implications of the agreement but was satisfied that the parties had acted in good faith and that the agreement was in the best interests of the employees. Accordingly, the Commission approved the enterprise agreement as a registered agreement.

The Fair Work Commission approved the Toll Customised Solutions (Target) and National Union of Workers Enterprise Agreement 2014 as a registered agreement. The Commission found that the agreement was fair and reasonable, made in good faith, and in the best interests of the employees. The employer and the union were directed to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established