DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Managed Solutions
(AG2018/7358)

TOLL MANAGED SOLUTIONS (MARK STREET) ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 30 APRIL 2019

Application for approval of the Toll Managed Solutions (Mark Street) Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Toll Managed Solutions (Mark Street) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Transport Pty Ltd T/As Toll Managed Solutions.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 6 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd, trading as Toll Managed Solutions, applied to the Fair Work Commission for the approval of the Toll Managed Solutions (Mark Street) Enterprise Agreement 2018. The application followed a series of negotiations between the employer and the trade union representing the employees. The union had certified the agreement for approval, citing the need to address various employment issues arising from the proposed changes in the agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically sections related to the substantive terms of the agreement, procedural fairness, and the overall public interest. The Commission had to examine whether the agreement met the criteria for approval, including the adequacy of the agreement's terms and conditions, the fairness of the negotiation process, and whether the agreement would contribute to improved productivity, efficiency, and sustainability of the employer's business.

The Commission determined that the application met the legislative requirements for approval. The agreement was found to be fair and reasonable, with terms that provided adequate protections for employees. The process of negotiation was deemed fair and transparent, and the agreement was considered to contribute positively to the employer's business objectives. Consequently, the Commission approved the Toll Managed Solutions (Mark Street) Enterprise Agreement 2018, recognising its potential to enhance the efficiency and sustainability of the employer's operations while safeguarding the interests of the employees.

Toll Transport Pty Ltd T/A Toll Managed Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established