DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2016/4659)

TOLL CUSTOMISED SOLUTIONS (REDLINE) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the Toll Customised Solutions (Redline) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Customised Solutions (Redline) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were Toll Transport Pty Ltd, trading as Toll Customised Solutions, and the Transport Workers Union of Australia, representing its members employed by Toll. The dispute arose from the application for approval of the Toll Customised Solutions (Redline) Enterprise Agreement 2016. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees, considering the balance of benefits and detriments. The Commission had to assess whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act. In particular, the Commission needed to determine if the agreement appropriately addressed the needs and interests of the employees and if it provided a fair and equitable balance between the parties.

The Commission found that the agreement was fair and reasonable and in the best interests of the employees. The Commission noted that the agreement provided for a number of benefits, including wage increases, improved working conditions, and provisions for flexible working arrangements. The Commission also found that the agreement appropriately addressed the needs and interests of the employees, and provided a fair and equitable balance between the parties. The Commission concluded that the agreement was compliant with the Fair Work Act, and approved the application for registration of the agreement.

The Fair Work Commission approved the Toll Customised Solutions (Redline) Enterprise Agreement 2016, finding it to be fair and reasonable, and in the best interests of the employees. The Commission's decision was based on its assessment of the balance of benefits and detriments provided by the agreement, and its compliance with the relevant provisions of the Fair Work Act. The Commission noted the agreement's provisions for wage increases, improved working conditions, and flexible working arrangements, and found that it appropriately addressed the needs and interests of the employees. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by the agreement, and provides certainty and stability in the employer-employee relationship.

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