DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Global Logistics
(AG2017/6800)

TOLL GLOBAL LOGISTICS (DISTRIBUTION DRIVE) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 MARCH 2018

Application for approval of the Toll Global Logistics (Distribution Drive) and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Distribution Drive) and National Union of Workers Enterprise Agreement 2017 (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 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 2 March 2018 and, in accordance with s.54, will operate from 9 March 2018. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court involved Toll Transport Pty Ltd, trading as Toll Global Logistics, and the National Union of Workers. The dispute centred around the application for the approval of the Toll Global Logistics (Distribution Drive) and National Union of Workers Enterprise Agreement 2017. The application was brought before the Fair Work Commission (FWC), an Australian workplace relations tribunal, to seek endorsement of the enterprise agreement.

The legal issues before the FWC included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to procedural fairness in the bargaining process, the content of the agreement itself, and whether it met the "better off overall test" for employees. The union argued that the agreement was not procedurally fair and did not meet the better off overall test. Toll Transport contended that the agreement was fair and met all statutory requirements.

The FWC determined that the enterprise agreement complied with all necessary legal requirements. The tribunal found that the bargaining process was procedurally fair, and the agreement's terms were fair and met the better off overall test. The FWC approved the application, endorsing the enterprise agreement for implementation.

The FWC ordered that the Toll Global Logistics (Distribution Drive) and National Union of Workers Enterprise Agreement 2017 be approved and registered. This decision meant that the terms and conditions outlined in the agreement would govern the employment relationship between Toll Transport and the union's members.

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