DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Global Logistics
(AG2019/720)

TOLL GLOBAL LOGISTICS (AYLESBURY) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 MAY 2019

Application for approval of the Toll Global Logistics (Aylesbury) and National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Aylesbury) and National Union of Workers Enterprise Agreement 2019 (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 Global Logistics. The Agreement is a single enterprise agreement.

[2] The Employer 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 10 May 2019 and, in accordance with s.54, will operate from 17 May 2019. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter involved an application by Toll Transport Pty Ltd, trading as Toll Global Logistics, seeking approval for the Toll Global Logistics (Aylesbury) and National Union of Workers Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which is tasked with ensuring fair work practices and the resolution of workplace disputes. The dispute centred on the compliance of the enterprise agreement with the relevant provisions of the Fair Work Act 2009 and whether the agreement met the requirements for a fair and equitable resolution of employment terms.

The legal issues before the Commission included whether the enterprise agreement contained all the mandated terms and conditions as required by the Fair Work Act, and whether the process of negotiating and finalising the agreement was procedurally fair and met the necessary standards of good faith bargaining. The Commission had to scrutinise the bargaining process to ensure it was conducted in a manner that was free from coercion, undue influence, and other unfair practices.

In its decision, the Commission found that the enterprise agreement was compliant with the statutory requirements and contained all the necessary terms and conditions. The Commission also determined that the bargaining process was conducted in good faith and was free from any unfair practices. The Commission was satisfied that the agreement was fair and equitable for the employees, and therefore approved the application for registration. The decision underscored the importance of adhering to the legislative framework while facilitating fair and effective workplace agreements.

The final orders of the Commission were to approve the Toll Global Logistics (Aylesbury) and National Union of Workers Enterprise Agreement 2019, with the agreement to be registered as a registered agreement under the Fair Work Act.

Toll Transport Pty Ltd T/A Toll Global Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established