DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2017/31)

TOLL CUSTOMISED SOLUTIONS (ADIDAS) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 31 MAY 2017

Application for approval of the Toll Customised Solutions (adidas) and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (adidas) and National Union of Workers Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 7 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Toll Transport Pty Ltd trading as Toll Customised Solutions, applied for approval of the Toll Customised Solutions (adidas) and National Union of Workers Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for workers engaged by Toll in the logistics sector, specifically in relation to their work with adidas. The respondents to the application were the National Union of Workers and adidas Australia Pty Ltd. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement contained all the mandatory terms prescribed by the Act and whether it complied with the good faith bargaining requirements. The Commission also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and whether it met the "better off overall test," ensuring that no party was worse off due to the agreement. The Commission needed to examine the fairness of the terms, the process of negotiation, and the potential impact on employees.

The Commission found that the agreement contained all mandatory terms and was the product of good faith bargaining. It was noted that the negotiations were conducted in a fair and transparent manner, with both parties engaging in meaningful discussions. The Commission was satisfied that the agreement did not make any party worse off and provided appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, finding it met all the statutory requirements for approval.

The Fair Work Commission approved the Toll Customised Solutions (adidas) and National Union of Workers Enterprise Agreement 2016, affirming that it satisfied all legislative criteria for approval. This decision sets a precedent for similar agreements in the logistics sector and highlights the importance of good faith bargaining and comprehensive terms in enterprise agreements.

Toll Transport Pty Ltd T/A Toll Customised Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established