DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Global Logistics
(AG2020/2476)

TOLL GLOBAL LOGISTICS (FILLO DRIVE) ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 9 OCTOBER 2020

Application for approval of the Toll Global Logistics (Fillo Drive) Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Toll Global Logistics (Fillo Drive) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Toll has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 16 October 2020. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd T/A Toll Global Logistics, an interstate transport and logistics company, applied to the Fair Work Commission for approval of the Toll Global Logistics (Fillo Drive) Enterprise Agreement 2020. The application sought to approve the agreement under section 231 of the Fair Work Act 2009, as a low pay enterprise agreement. The dispute arose from the negotiation and subsequent application for the agreement which was intended to cover employees working at the Fillo Drive site.

The primary legal issue the Fair Work Commission had to determine was whether the agreement met the criteria for a low pay enterprise agreement as set out in section 231 of the Fair Work Act. This involved assessing if the agreement was fairly and properly negotiated and if it provided for adequate terms and conditions, including minimum rates of pay and other employment conditions. The Commission also had to consider whether the agreement would operate in a manner consistent with the objectives of the Act, including ensuring fair and equitable workplace relations.

In its decision, the Fair Work Commission found that the agreement was fairly and properly negotiated and provided for terms and conditions that met the requirements of a low pay enterprise agreement. The Commission noted that the agreement included minimum rates of pay, provisions for overtime, penalty rates, and other employment conditions that were consistent with the objectives of the Fair Work Act. The Commission also found that the agreement would operate in a manner consistent with the Act, providing fair and equitable workplace relations for the employees covered by the agreement. Based on these findings, the Commission approved the Toll Global Logistics (Fillo Drive) Enterprise Agreement 2020 as a low pay enterprise agreement.

Toll Transport Pty Ltd T/A Toll Global Logistics

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established