Toll Transport Pty Ltd T/A Toll Global Logistics

[2017] FWCA 6364

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Global Logistics

(AG2017/5120)

Toll Global Logistics (Kmart) and National Union of Workers Enterprise Agreement 2017

Storage services
Commissioner Saunders	SYDNEY, 30 NOVEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Toll Global Logistics (Kmart) 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.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Toll Transport Pty Ltd, trading as Toll Global Logistics, applied for the approval of the Toll Global Logistics (Kmart) and National Union of Workers Enterprise Agreement 2017. The respondent, the National Union of Workers, contested the application on various grounds, raising objections to certain clauses in the proposed agreement.

The legal issues before the Commission centred on whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that certain clauses were not fairly and appropriately negotiated and failed to meet the standard of being in the best interests of the employees. Additionally, the union contended that some provisions were not consistent with the provisions of the Fair Work Act.

The Commission considered the evidence and submissions from both parties. It examined whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment. After careful consideration, the Commission found that while some clauses raised legitimate concerns, the overall agreement was in the best interests of the employees and complied with the relevant statutory requirements. The Commission approved the enterprise agreement, subject to certain modifications to address the union's concerns.

The Fair Work Commission approved the Toll Global Logistics (Kmart) and National Union of Workers Enterprise Agreement 2017, with certain modifications to address the union's objections. The modifications included amendments to specific clauses to ensure they met the statutory requirements and were in the best interests of the employees. The decision confirmed the importance of genuine negotiation and the need for enterprise agreements to provide fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established