DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2016/7424)

TOLL CUSTOMISED SOLUTIONS (ALTONA) & NATIONAL UNION OF WORKERS ENTERPRISE BARGAINING AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 31 JANUARY 2017

Application for approval of the Toll Customised Solutions (Altona) & 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 (Altona) & 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 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. 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.

[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 was approved on 31 January 2017 and, in accordance with s.54, will operate from 7 February 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Toll Transport Pty Ltd, trading as Toll Customised Solutions, seeking approval for the Toll Customised Solutions (Altona) and National Union of Workers Enterprise Bargaining Agreement 2016. The dispute centred around the fairness and appropriateness of the proposed terms of the agreement in relation to the employees' conditions and entitlements. The Commission was required to assess whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the provisions of the Act, particularly sections that address the procedural fairness, the "better off overall test" and the "no disadvantage test". The Commission needed to determine if the agreement provided employees with a better outcome than their previous conditions and whether it unfairly disadvantaged any group of employees. Additionally, the fairness of the processes leading to the agreement's negotiation and execution was scrutinized.

The Commission found that the agreement did comply with the statutory requirements. It concluded that the agreement was procedurally fair, meeting all necessary criteria, and that it provided employees with better overall conditions. The "better off overall test" was met, as the agreement included improved terms and conditions, and no group of employees was disadvantaged. The Commission was satisfied that the negotiation process was fair and that employees had been adequately informed and consulted. Consequently, the Commission approved the agreement, finding it to be a valid and fair enterprise bargaining agreement.

The Fair Work Commission approved the Toll Customised Solutions (Altona) and National Union of Workers Enterprise Bargaining Agreement 2016, confirming its compliance with the Fair Work Act 2009. The agreement was deemed to be procedurally fair, to meet the better off overall test, and to not disadvantage any group of employees. The Commission's decision was based on the evidence presented and the conclusion that the negotiation process was fair and that employees had been adequately informed and consulted.

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