Toll Transport Pty Ltd T/A Toll Customised Solutions

[2014] FWCA 1727

FAIR WORK COMMISSION

DECISION

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

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2014/1416)

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

Storage services
COMMISSIONER ROE	MELBOURNE, 13 MARCH 2014

Application for approval of the Toll Customised Solutions (Kmart) 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 (Kmart) 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 single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a provision for consultation, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2014. The nominal expiry date of the Agreement is 1 February 2017.

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 brought before the Fair Work Commission for the approval of the Toll Customised Solutions (Kmart) and National Union of Workers Enterprise Agreement 2014. The application was brought by the employer, Toll Transport Pty Ltd, seeking to have the enterprise agreement approved by the Commission. The National Union of Workers represented the employees in the dispute.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement contained all the required terms, was free from prohibited content, and was made in good faith and without coercion. A secondary issue was whether the agreement provided appropriate protections for employees' rights and interests.

The Commission found that the enterprise agreement was made in good faith and without coercion, as it was negotiated between the employer and the union, and the union had genuinely represented its members in the negotiation process. The agreement contained all the required terms and was free from prohibited content. The Commission also noted that the agreement provided appropriate protections for employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary criteria for approval under 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