DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Fast
(AG2017/708)

TOLL FAST BELMONT - NUW ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2017

Application for approval of the Toll Fast Belmont - NUW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Fast Belmont - NUW 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 Fast. 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 19 April 2017 and in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 19 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Toll Transport Pty Ltd, trading as Toll Fast, a recent application was brought before the Fair Work Commission to approve the Toll Fast Belmont - NUW Enterprise Agreement 2016. The dispute arose from negotiations between the employer and the National Union of Workers (NUW) concerning the terms and conditions of employment for Toll Fast's employees. The central issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on the fairness and validity of the terms stipulated.

The court was required to determine if the agreement provided for a fair and reasonable set of terms and conditions, taking into account various statutory factors such as the nature of the enterprise, the bargaining power of the parties, and the impact on the employees. Additionally, the court had to ensure that the agreement did not undermine the safety and health provisions of the law, as Toll Fast operates in a sector where such considerations are particularly critical. The application for approval hinged on whether the agreement adequately balanced the interests of the employer and employees.

Upon review, the Fair Work Commission found that the agreement adequately addressed the key issues pertinent to the employees' terms and conditions, ensuring fairness and reasonableness. The court concluded that the agreement did not undermine any statutory safety and health provisions and was, therefore, in compliance with the requirements of the Fair Work Act 2009. Consequently, the court approved the Toll Fast Belmont - NUW Enterprise Agreement 2016.

The final orders included the approval of the enterprise agreement, effective from the date of the decision, ensuring that it would govern the terms and conditions of employment for the employees of Toll Transport Pty Ltd, trading as Toll Fast, under the Belmont site.

Toll Transport Pty Ltd T/A Toll Fast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established