DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2017/50)

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

Storage services
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Toll Customised Solutions (Greystanes) & National Union of Workers Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Greystanes) & National Union of Workers Enterprise Bargaining 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 MP1_LIST_APPLICANT_NAME_1. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 22 February 2017. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Toll Transport Pty Ltd T/A Toll Customised Solutions, the Fair Work Commission was asked to approve an enterprise bargaining agreement between Toll Customised Solutions and the National Union of Workers. The agreement in question was for Toll Customised Solutions' Greystanes site employees, and it was the second such agreement between the parties. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees.

The key legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, and if the bargaining process was fair and balanced. Additionally, the Commission needed to determine if the agreement provided fair and reasonable terms for the employees, taking into account their needs and the overall economic climate.

The Fair Work Commission found that the agreement complied with the statutory requirements, as it contained all the necessary terms and conditions. Furthermore, the Commission was satisfied that the bargaining process was fair and balanced, as both parties had engaged in good faith negotiations. The Commission also determined that the agreement provided fair and reasonable terms for the employees, taking into account their needs and the broader economic context. Consequently, the Commission approved the Toll Customised Solutions (Greystanes) & National Union of Workers Enterprise Bargaining Agreement 2016.

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