Toll Transport Pty Ltd T/A Toll Customised Solutions

[2016] FWCA 5349

[2016] FWCA 5349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2016/1794)

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

Storage services
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Toll Customised Solutions (Mondelez) 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 (Mondelez) 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] 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. 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.

[3] The parties have provided a “Schedule of wage rates and allowances” to the Commission which will apply to employees covered by the Agreement. Pursuant to s.594(1) of the Act, I order that the “Schedule of wage rates and allowances” is confidential between the parties.

[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 4 August 2016 and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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