| [2018] FWCA 485 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Toll Transport Pty Ltd T/A Toll Global Logistics
(AG2017/5951)
Toll Global Logistics (Healthcare) Enterprise Agreement 2017
| Storage services | |
| Commissioner Harper-Greenwell | MELBOURNE, 23 JANUARY 2018 |
Application for approval of the Toll Global Logistics (Healthcare) Enterprise Agreement 2017.
An application has been made for approval of a greenfields agreement known as the Toll Global Logistics (Healthcare) Enterprise Agreement 2017 (Agreement). The application was made by Toll Transport Pty Ltd T/A Toll Global Logistics pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers are 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.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the National Union of Workers and that the Agreement covers these organisations.
The Agreement was approved on 23 January 2018 and, in accordance with s.54, will operate from 30 January 2018. The nominal expiry date of the Agreement is 1 November 2020.
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Annexure A
- AGLC
- Toll Transport Pty Ltd T/A Toll Global Logistics [2018] FWCA 485
- Case
- [2018] FWCA 485
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the terms of the proposed enterprise agreement were fair and reasonable. The court was required to consider the balance of power between the parties, the nature of the agreement, and whether it contained terms that were fair and reasonable in all respects. The court also needed to determine if the agreement met the statutory requirements for approval under the Fair Work Act.
The court found that the agreement was fair and reasonable in all respects. The analysis involved assessing the nature of the agreement and the balance of power between the parties. The court noted that the agreement was a genuine enterprise agreement, negotiated in good faith, and contained terms that were fair and reasonable. The court also found that the healthcare contribution terms, which were the primary concern of the respondent, were reasonable given the broader context of the agreement and the nature of the employer's business. The court concluded that the agreement met all statutory requirements for approval under section 234 of the Fair Work Act.
The Fair Work Commission approved the Toll Global Logistics (Healthcare) Enterprise Agreement 2017, finding it to be fair and reasonable in all respects. The agreement was deemed to be a genuine enterprise agreement that met the statutory requirements for approval under the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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