Toll Transport Pty Ltd T/A Toll Customised Solutions

[2014] FWCA 4572

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
(AG2014/1603)

TOLL CUSTOMISED SOLUTIONS (INTERCHANGE) AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 8 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as Toll Customised Solutions (Interchange) and Transport Workers Union 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 2 July 2014. On 4 July 2014 I received a signed undertaking in response to the queries from Andrea Ryan, Head of Human Resource and Risk 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 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 Transport Workers’ Union of Australia 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 Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Toll Transport Pty Ltd trading as Toll Customised Solutions, an application was made for the approval of the Toll Customised Solutions (Interchange) and Transport Workers Union Enterprise Agreement 2014. The application was heard in the Fair Work Commission, with the Applicant being Toll Transport Pty Ltd and the Respondent being the Transport Workers Union. The crux of the dispute was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically focusing on whether it facilitated, promoted, or improved the efficiency, productivity, or profitability of the enterprise or the employees within it.

The primary legal issue before the Commission was whether the proposed agreement adequately met the requirements of section 233 of the Fair Work Act, which mandates that an enterprise agreement must be assessed to determine if it facilitates, promotes, or improves the efficiency, productivity, or profitability of the enterprise or the employees. The Commission had to consider various aspects of the agreement, including the terms relating to wages, hours of work, and other conditions of employment, to ascertain if these provisions contributed positively to the enterprise's operations.

The Commission examined the terms of the agreement and the evidence provided by both parties. It found that the agreement contained provisions that did indeed facilitate, promote, or improve the efficiency, productivity, or profitability of the enterprise. The provisions were designed to enhance flexibility in scheduling, streamline processes, and improve the overall operational efficiency of the workforce. Consequently, the Commission approved the Toll Customised Solutions (Interchange) and Transport Workers Union Enterprise Agreement 2014, confirming that it met the necessary legal criteria.

As a result of the approval, the enterprise agreement was certified and registered, effective from the date of the Commission's decision. This decision provided clarity and legal certainty to both the employer and the employees concerning the terms and conditions of their employment under the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established