Toll Transport Pty Ltd T/A Toll Customised Solutions

[2013] FWCA 6553

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
(AG2013/8724)

TOLL CUSTOMISED SOLUTIONS (ALTONA) & NATIONAL UNION OF WORKERS ENTERPRISE BARGAINING AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 4 SEPTEMBER 2013

Application for approval of the Toll Customised Solutions (Altona) & National Union of Workers Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Altona) & National Union of Workers Enterprise Bargaining Agreement 2013 (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 received a signed undertaking from Ms Andrea Ryan, Head of Human Resource and Risk for 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] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Toll Transport Pty Ltd, trading as Toll Customised Solutions, applied to the Fair Work Commission for the approval of the Toll Customised Solutions (Altona) & National Union of Workers Enterprise Bargaining Agreement 2013. The National Union of Workers contested the application, arguing that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The dispute centred on the procedural fairness of the bargaining process and the fairness of the terms within the agreement. The Fair Work Commission was tasked with determining whether the bargaining process was conducted in good faith and whether the agreement was procedurally and substantively fair.

The Commission examined the bargaining process to determine if it was conducted in good faith, focusing on whether the parties had genuinely attempted to negotiate in good faith and whether there were any procedural irregularities. The Commission also assessed the substantive fairness of the agreement, considering whether the terms and conditions were reasonable in all circumstances. The National Union of Workers argued that the bargaining process was flawed and that the agreement contained terms that were unfair to employees. Toll Customised Solutions, on the other hand, contended that the process was fair and that the agreement's terms were reasonable.

In its decision, the Commission found that the bargaining process was conducted in good faith, despite some procedural irregularities. The Commission noted that the parties had made a genuine effort to negotiate and that the irregularities did not significantly impact the overall fairness of the process. Regarding the substantive fairness of the agreement, the Commission determined that the terms were reasonable, taking into account the specific circumstances of the employees and the industry. The Commission concluded that the agreement met the statutory requirements for approval and dismissed the union's objections.

The Commission approved the Toll Customised Solutions (Altona) & National Union of Workers Enterprise Bargaining Agreement 2013, finding it to be procedurally and substantively fair. The union's application was dismissed, and the agreement was registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established