DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions
(AG2016/1562)

TOLL CUSTOMISED SOLUTIONS (VTP NDC) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

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

[1] An application has been made for approval of an enterprise Agreement known as the Toll Customised Solutions (VTP NDC) Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Toll Transport Pty Ltd t/a Toll Customised Solutions.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers Union (VIC Branch) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Transport Workers Union (VIC Branch) and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Toll Transport Pty Ltd T/A Toll Customised Solutions, the Fair Work Commission was tasked with considering an application for the approval of the Toll Customised Solutions (VTP NDC) Enterprise Agreement 2016. The dispute arose between Toll Transport Pty Ltd, trading as Toll Customised Solutions, and its employees represented by the Transport Workers Union of Australia. The primary issue was whether the proposed enterprise agreement complied with the relevant legislative requirements and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement appropriately covered the necessary bargaining issues, if the agreement was free from any unfair provisions, and if the process through which the agreement was negotiated and executed was fair and compliant with the applicable laws. Additionally, the Commission had to assess if the agreement provided adequate protections and benefits to the employees.

The Fair Work Commission found that the Toll Customised Solutions (VTP NDC) Enterprise Agreement 2016 was largely in compliance with the relevant statutory provisions. The Commission noted that the agreement addressed all the mandated bargaining issues and did not contain any unfair provisions. The process of negotiation was deemed fair and transparent, and the agreement was found to provide fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the enterprise agreement, highlighting the importance of the negotiated terms for both the employer and the employees in maintaining a balanced and productive working 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