DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Transport Pty Ltd T/A Toll Priority
(AG2015/2890)

TOLL PRIORITY NSW CLERICAL & ADMINISTRATIVE EMPLOYEES AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 10 JUNE 2015

Application for approval of the Toll Priority NSW Clerical & Administrative Employees Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Priority NSW Clerical & Administrative Employees Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Transport Pty Ltd trading as Toll Priority. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union - New South Wales Local Government Clerical, Administrative, Energy, Airlines & Utilities Branch 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Ltd applied to the Fair Work Commission for approval of the Toll Priority NSW Clerical & Administrative Employees Agreement 2014. The applicant sought to have the agreement registered as a safety net agreement under the Fair Work Act 2009. The dispute arose as the applicant sought to implement changes to the employees' conditions of employment, which were opposed by the employees' union, the Shop, Distributive and Allied Employees' Association (SDA).

The legal issues before the Commission were whether the agreement satisfied the requirements of section 227 of the Fair Work Act, which sets out the criteria for a safety net agreement, and whether the agreement met the procedural fairness requirements under the act. The Commission had to consider whether the agreement provided for minimum wages and conditions, and whether the agreement had been made in good faith and without coercion.

The Fair Work Commission found that the agreement met the requirements of section 227 of the Fair Work Act. The Commission was satisfied that the agreement provided for minimum wages and conditions, and that it had been made in good faith and without coercion. The Commission also found that the procedural fairness requirements had been met. The applicant had provided the employees with adequate information about the proposed changes, and the employees had been given an opportunity to discuss the changes and provide feedback. The Commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Toll Priority NSW Clerical & Administrative Employees Agreement 2014 as a safety net agreement under the Fair Work Act. The Commission found that the agreement met the requirements of section 227 of the act, and that the procedural fairness requirements had been met. The agreement was approved on the basis that it provided for minimum wages and conditions, and that it had been made in good faith and without coercion.

Toll Transport Pty Ltd T/A Toll Priority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established