Toll Transport Pty Ltd T/A Toll Priority Summary

[2017] FWCA 2047

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Priority

(AG2017/992)

Toll Priority (Mark Street) Enterprise Agreement 2016 - 2017

Clerical industry
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2017

Application for approval of the Toll Priority (Mark Street) Enterprise Agreement 2016 - 2017.

An application has been made for approval of an enterprise agreement known as the Toll Priority (Mark Street) Enterprise Agreement 2016 - 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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 20 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Toll Transport Pty Ltd trading as Toll Priority, applied to the Fair Work Commission for the approval of the Toll Priority (Mark Street) Enterprise Agreement 2016-2017. The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission, presided over by Commissioner Kelly, was tasked with determining if the agreement complied with the requirements for employee protection and procedural fairness.

The primary legal issues revolved around whether the agreement was genuinely a product of genuine bargaining and if it contained all the mandated minimum terms and conditions. Toll Priority argued that the agreement was the result of fair and genuine negotiations, while the opposing party raised concerns about procedural fairness and the inclusion of all required minimum terms. The Commission needed to assess if the bargaining process was free from coercion and if the agreement provided adequate protection to the employees.

After reviewing the evidence and submissions, the Commission found that the agreement was the product of genuine bargaining and contained all the necessary minimum terms and conditions. The Commission concluded that the process was fair and that the agreement did not disadvantage the employees. As such, the Fair Work Commission approved the Toll Priority (Mark Street) Enterprise Agreement 2016-2017. The Commission's decision was based on the evidence provided and the applicable legal standards under the Fair Work Act 2009.

Toll Transport Pty Ltd T/A Toll Priority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established